Accidents can be both physically and financially devastating. When another party’s negligence has caused you to suffer from a financial or physical loss, Canadian law allows you to recover funds so you can be “made whole” again, or made as close to whole as financial compensation can allow.
Pursuing a personal injury case can mean getting help with your medical bills, recovering lost wages and earning capacity, and receiving compensation for the pain and suffering you’ve been through. It can also mean receiving punitive damages when the other party has acted in a grossly negligent or otherwise reprehensible fashion.
What qualifies as a personal injury case?
The most common type of personal injury case is a car accident. Yet there are many types of personal injury cases.
A case exists when:
- Someone owes you a duty or responsibility of care. For example, a property owner has a duty to keep the property safe for visitors. A motorist has a duty to watch out for the safety of others while on the road, and to obey traffic laws.
- Someone fails in that duty.
- As a direct result of that failure, a victim suffers an injury and/or a financial loss.
If you feel these three criteria apply to you then you have a personal injury case.
How does personal injury law work?
Personal injury cases are complex. Each side is trying to prove the other was primarily the cause of the accident. If the defendant can prove you were the primary reason why the accident happened then they, or more often, their insurance company, won’t have to pay.
Failing that, in some provinces, they will try to prove you shared a percentage of negligence, since they can reduce your award amount by that percentage.
This means after you file a claim there is an extensive process of discovery and investigation that takes place, during which we’re helping to nail down the facts of the case.
Once you’ve reached maximum medical improvement it’s possible to calculate the full extent of your damages. We then use your actual loss and the facts of the case to support our position in a settlement conference. 92% of the time, cases settle out of court.
Sometimes insurance companies push the matter into court. At that point we argue your case in front of the jury at trial.
How do personal injury lawyers get paid?
We get paid on contingency. That means you don’t have to worry about coming up with a retainer or paying an hourly rate. Instead, we take a percentage of your settlement when we win it for you.
Most people get far more money with our help than they’d get alone, even after we take our percentage. Thus, contacting a personal injury lawyer is completely risk-free.
Why choose Merchant Law?
Our team of personal injury lawyers is known for being some of the toughest litigators and negotiators you’ll find anywhere in the nation. We have a long track record of successful cases and we can help you bring your case to its best possible outcome.