Frequently Asked Questions
How long should I wait after an accident or loss before consulting a lawyer?
You should not wait. There are many laws respecting the time limits you may have to start a claim. Claiming accident benefits and investigating how an accident happened are all critical to your claim. Call and talk to us at Sokoloff Lawyers to discuss what your time limits are and how to take the next step.
My Insurance Company Mentioned the Phrase “Catastrophic Injury.” What is a Catastrophic Injury and How Can I Apply for Benefits?
A catastrophic injury has many categories and is quite complicated. You need to speak with a lawyer at Sokoloff Lawyers so we can better determine if you are eligible, and if so, ensure you receive the full benefit. If you meet the definition of catastrophic injury (sometimes referred to as catastrophic impairment), you are then eligible for $1 million in attendant care benefits and $1 million of medical rehabilitation benefits in addition to ongoing entitlement to other benefits. Even if you do not meet the definition immediately, Sokoloff lawyers can assist in ensuring you will meet the definition at a later date.
My Mother Sustained a Brain Injury Last Year. She Thinks She is Fine but our Family Clearly Notices Major Changes in Her Memory, Judgment and Personality. What Should We Do?
The symptoms that you observe tell us that your mother has a head injury. It is very common for someone with such an injury not to realize its severity or impact. It is very important that you talk with us at Sokoloff Lawyers to find out how to get your mother immediate assistance from specialized treatment providers and supervision from attendant care workers. She could be entitled to a generous amount of money from her insurance company.
Ever Since My husband’s Accident Last Year, he has Suffered From Dizzy Spells and Balance Issues, as well as Anxiety and Depression. He Cannot be Left Alone. What Can I do?
You or any family member providing supervision should be paid for your services. Sokoloff Lawyers can help get you paid by arranging the proper assessments.), you are then eligible for $1 million in attendant care benefits and $1 million of medical rehabilitation benefits in addition to ongoing entitlement to other benefits. Even if you do not meet the definition immediately, Sokoloff lawyers can assist in ensuring you will meet the definition at a later date.
My Partner had an Accident and Can No Longer Take Care of our Children or Do housekeeping Chores. Do we have a Claim?
Yes, partners are eligible for non-earner and /or care giving benefits in addition to housekeeping assistance. You need to make an appointment with Sokoloff Lawyers to find out how to make this kind of claim.
My father thought that his insurance policy covered him for long term disability. But last month he was injured and even though his doctor says he is not able to work, the insuance company is denying his claim. He does not speak English. Is there anything I can do?
Yes, talk with us at Sokoloff Lawyers. We can sue his long term disability carrier. We have years of experience and results in this area. We also can communicate with your father in his language (we have over 30 languages at our firm).
I had a bad accident. Although I recovered somewhat I am still left with problems and haven’t been able to return to my job. Is there anything I can do?
Yes, you can make claims for income loss, not just in the past but also for the future as well as for your pain and suffering. Sokoloff Lawyers can set you up with a vocational expert that will either assist you in identifying alternative careers that you might be able to do, or obtain necessary medical reports from experts so that you can obtain full compensation for loss of income into the future.
Is there a cap on personal injury claims amount?
On some claims there is a cap. The cap on claims for pain and suffering approached $390,000 in 2019. This head of damage is indexed to the rate of inflation. There is no other cap to any other head of damage, however, a statutory deductible or deductions of collateral benefits may apply in specific cases. Moreover, there may be an issue of policy limits. This doesn’t necessarily limit what you can claim but can impact what you can recover. It is best to speak with a personal injury lawyer in order to maximize your claims. Every claim is unique.
How to file personal injury claim in Ontario
The legal process is started when a Statement of Claim is issued in an Ontario court. However, you should consult with a personal injury lawyer as soon as possible if you or a family member is injured in an accident. There may be notice requirements and limitation period issues that need to be addressed.
How much does personal injury lawyer cost in Ontario?
Personal injury lawyers understand that when you’re injured, you may be unable to work and your family may be experiencing considerable financial stress. That’s why personal injury lawyers almost always work on a contingency basis. This means that they don’t get paid until you receive a settlement or judgment. They, typically, do not ask for up-front fees or send you a monthly bill. Instead, they receive a percentage of your settlement or judgment. This allows injured victims an access to justice. They can pursue their claims without worrying about receiving a hefty lawyer’s bill.
What is the average payout for personal injury claims in Ontario?
It would be unfair for any personal injury lawyer to comment on what an average personal injury payout is. Every case is unique. The amount one can recover depends on many factors, including: issues of liability; issues of causation; the nature and extent of the injuries sustained; what, if any, impairments do the injuries cause; the age and vocation of the injured party. Motor vehicle accidents also involve claims for accident benefits. A consultation with a personal injury lawyer can help you to understand more about your specific situation; these initial consultations are often provided by law firms free of charge.
What can you be compensated for in a personal injury claim
If you’ve been injured, you may be able to claim under various heads of damage. Typically, these include: damages for pain and suffering; loss of income, loss of opportunity, loss of competitive advantage; extraordinary care expenses; housekeeping/home maintenance expenses; and other out-of-pocket expenses. Motor vehicle accident also involve claims for accident benefits. A personal injury lawyer can help you to understand more about the different claims you can make based on your specific situation.
What fee will I be charged?
In accordance with the Law Society of Ontario’s requirements, our contingency fees can vary, but the maximum fee charged will be no more than 33%, unless your matter goes to a hearing, in which case it will not exceed 33%, plus some contribution from the defendant (called ‘costs’), which we will fully explain to you.