What are the time limits for a Personal Injury Action

When people are injured in an accident that is not their fault, there are deadlines for taking legal action. Generally the default deadline is two years from the car accident, slip and fall, dog attack or disability insurance cut off. If you are a child under the age of 18, the limitation period may not run until you are 18

However there are some important exceptions to the 2 year rule, as well as certain notification provisions before you can sue.

 If you slip and fall on a city sidewalk, you have to notify the Municipality in writing in 10 days of your intent to seek compensation for a personal injury. If you are suing the Crown, you have other notice provisions that you must comply with before you can sue. Prior to starting a lawsuit for car accident benefits, you must have filed for mediation.

In some cases these notice provisions are strict as to what the notice must contain. Failure to give proper notice can bar your claim or hurt your recovery, for example by denying you pre-judgment interest.

You should therefore speak with a lawyer as soon as possible after and accident to make sure you comply with all notice requirements. Most lawyers offer a free no obligation consultation.

Andrea Girones is a personal injury lawyer in Ottawa, visit her website at www.girones.ca

What to do at the scene of a car accident?

There are some keys things to do at the scene of an accident.
1) Make sure everyone is OK. If need be, call an ambulance and police to the scene. If the cars are drivable or on a  highway or other busy location move off to the side of the road to a safer location.

2) Call the police if the car damage is significant or there are injuries involved. Sometimes you can file a police report later at the station if the damage is minimal, but you need to make sure you have all the information of the other drivers (see item 3.)

3) Exchange information with the other driver(s), including name, address, date of birth, phone number, license plate number, type, colour and make of vehicle, insurance policy number and insurance company name. You will need all this to file a police report and insurance claim.

4) Call your insurance company to report the accident. You will deal with different adjusters for property damage and no-fault accident benefits. Ask about rental car coverage, deductibles and where and how to repair the vehicle.

5) For property damage make sure your insurance company inspects the car before repairs start. Typically you can choose your own repair shop, but make sure the work estimate is approved by the insurance company before work begins.

6) If you are injured, ask for an application for accident benefits, and make an appointment to see a doctor to have the forms filled out. The application for accident benefits is large, complicated and can be intimidating. If you or a family member requires help filling out the forms, usually the adjuster can help you if you ask.

7) Be careful when giving signed statements to and signing medical authorizations for insurance adjusters. Seek legal advice if you feel pressured by adjusters to do things you are not comfortable with.  Most lawyers will provide a free initial consultation.

Andrea Girones is a personal injury lawyer in Ottawa, visit her website at http://www.girones.ca/

4 Ways the Insurance Companies Try to Win Personal Injury Cases

There are many ways that insurance companies try to take advantages of unrepresented clients. They are:

1) Try a get a quick low ball settlement for $1000.00, or $5000.00. By doing so they get the injured person to sign a full and final settlement. Never accept money from the insurance company in exchange for a full and final release without talking to a lawyer. Most lawyers will give you a free 1/2 hour of their time.

2) Get you to give a recorded statement. Most people think this is not a dangerous thing as they feel that they have nothing to hide and the accident was not their fault. However this is one of the most common mistakes that unrepresented personal injury victims make. Never commit yourself to a recorded statement without first consulting a lawyer. Your adjuster knows exactly how to get you to mkae admissions that will later be used against you.

3)Surveillance. If you think someone is following you and you have a personal injury claim outstanding, then you are probably right. It is very common to film injury victims for several days and then cut and paste a short video showing all your most physical activities. This will be used to contradict your testimony at trial. Always be aware of your surrounding and public activities.

4) Get the injury victim to sign medical authorizations. Next thing you know the insurance company has ALL your medical records from the last 15 years, including personal and unrelated information. Never allow them full access to your medical history. I only allow  access to  3-5 years of pre-accident medical documents at the most.

Always consult with a personal injury lawyer before engaging in any negotiation with your insurance company.

Andrea Girones is a personal injury lawyer in Ottawa, visit her website at http://www.injuryottawa.ca/

Personal injury cases and Facebook

When my personal injury clients are involved in litigation, I always warn them  about the proper use of social media like Facebook and Twitter. Whenever defence lawyers are preparing themselves for  discovery or trial procedures, they can research their opponents on the Internet, and can learn many interesting facts about my clients (sometimes before I do).

There have been quite a few cases where personal injury victims have been ordered by a Judge to produce a copy of their entire Facebook account to the insurance company and their lawyers. Most of the time there is nothing damaging, but watch out for photographs.

In Facebook for example, not only you but your friends can TAG you in photos and post them on Facebook. In most social networks like Facebook you can protect your privacy by limiting access to only your friends. However on other sites like Twitter, all posts are usually public.

Remember that everything you place on the Internet (blogs included) can be searched for and found by the insurance company and may be used against you.


Andrea Girones is a personal injury lawyer in Ottawa, visit her website at http://www.girones.ca/

WHY DO PERSONAL INJURY CASES TAKE SO LONG?

One of the most common questions I am asked it why do personal injury cases take so long?

Remember every injury victim is difference and so is every accident case.  Some are settled more quickly than others.  It’s not uncommon though, for a personal injury case to take two years or more to resolve.

It is understandable that you may be frustrated at how slowly your case seems to be moving.  But don’t rush to take the first settlement offer made by the insurance company.  The first settlement offer is rarely your best settlement offer.

EVALUATING THE INJURY

It takes time to determine the full extent of your injuries.  Doctors are often unable to give an opinion about the seriousness of an injury until the patient’s condition has stabilized.  In serious injury cases, it may take a year after the accident before a doctor can say the injuries are permanent.

It is very important to take the necessary time to fully evaluate your injuries.  You have only one chance to prove the extent to which you and your family have been harmed.  Once you take a settlement offer or get a verdict at trial, that decision is final.  You can’t go back and ask for more money if you later find out your injuries are more serious than you thought.

PATIENCE WITH THE PROCESS

An experienced personal injury lawyer knows how much to keep your case moving along through the legal system.  Early on in the case, the lawyers set dates for various deadlines in the process.  Your personal injury case may move through these stages:

1. DISCOVERY

The discovery period can last six months or more.  This gives each party time to find out all they can about the other party’s case.  The lawyers exchange documents that give the facts of the case and list the witnesses and experts who are involved.  You’ll be asked to answer interrogatories, which are written questions that you answer under oath.

You will be asked to produce documents or authorize others to produce documents for you such as accident reports, medical records and bills, and insurance policies.  You may be asked to undergo a medical exam by an independent doctor to verify your injuries.

2. EXAMINATION FOR DISCOVERY

During an Examination for Discovery, you will be asked questions under oath.  A court reporter types up a record of everything that is said.  Not only will you be questioned about the accident and your injuries, you will be asked questions about what your health, education, and work were like before the accident.

It’s your lawyer’s job to prepare you for the Examination for Discovery. Your lawyer will also “defend” your deposition by objecting to irrelevant or harassing questions.

3. PRE-TRIAL MOTIONS

It’s possible for the lawyers to file all sorts of motions to narrow the issues before trial.  The motions could object to certain evidence or ask that the case be dismissed if there is not enough evidence.

MEDIATION AND PRE-TRIAL CONFERENCE.

Settlement conferences, mediation, or Pre-Trial conferences are often required before personal injury cases can go to trial.  In mediation, a neutral trained mediator goes over the issues and evidence with the parties to help guide them toward a settlement agreement.

TRIAL

If your case doesn’t settle, it goes to trial, where a jury decides what your injury is worth.  Depending on where you live, it could take six months or so to get the trial scheduled on the court’s docket.

The trial itself may last two days to two weeks.  Once the trial is over, there may be further appeals and motions. It’s possible for the parties to settle the case during trial or even after trial in order to stop an appeal.

THE WAITING GAME

You’ll have better bargaining power if you don’t rush into a settlement.  On the other hand, litigation is expensive and time-consuming, and taking a chance with a jury can sometimes lead to disappointing results.

Your best strategy is to contact an lawyer with experience in handling personal injury cases in your area.  Your lawyer can give you an estimate about the length of time it takes to resolve your sort of case.  Also, ask your lawyer to give you frequent reports on the status of your case so you know that it’s making its way through the legal process.

Andrea Girones is a personal injury lawyer in Ottawa, visit her website at http://www.injuryottawa.ca/