Acquired Brain Injury Legal Resources
This page will provide you with the resources you need when looking for a Personal Injury Lawyer.
Click here for a checklist of what you should do AFTER an accident has occured.
Choosing Your Lawyer
Finding the right lawyer after you or a family member has suffered a brain injury is one of the most important decisions you will ever have to make. You need to make this decision at a very difficult time in your life, without any previous experience. Here are some tips to help you make the right choice. You should never speak with an insurance company and fill out any forms until you speak with a lawyer. A lawyer who deals with personal injury will know how to fill the forms out and know how to speak with the insurance company to ensure that you are treated fairly.
Choose a lawyer who specializes in Personal Injury Law: Personal injury law and motor vehicle insurance system are complex and challenging. A lawyer who specializes in this area will have a better understanding of the issues.
Ask for recommendations: If you know a lawyer, ask him/her to recommend a personal injury lawyer. You can also ask other people who work in the personal injury industry (e.g. case managers) for suggestions. Or read further in this guide for a list of personal injury lawyers in Waterloo Region and Wellington County.
Ask questions to help you make your choice: Law firms should be happy to provide you with the information you need to make your decision. Here are some questions you/your family might want to ask them:
1. Does your firm specialize in personal injury law?
2. How many personal injury cases has your firm handled in the past 2 years?
3. How many of those cases involve representing people with a brain injury?
4. Do you provide the first consultation (visit) free of charge?
5. In the past two years, what has been your firm's success rate in cases where you represented people with a
6. How many trials has your firm done in the past two years? If my case proceeds to trial, is your firm prepared to
take the case to court or would the file be passed to another firm?
7. Who will be handling my case - a personal injury lawyer or a a paralegal? (The Law Society of Upper Canada has a brochure explaining the difference between a paralegal and a lawyer at www.lsuc.on.ca/media/lawyers_paralegals_public.pdf
8. Will the same lawyer be handling my case from the beginning to the end? Is it possible to meet the lawyer who be working on my case?
9. Do all members of your firm devote 100% of their time representing individuals who have suffered serious personal injuries?
10. Do you limit the number of clients you take on so that you can devote all the time necessary to my case?
11. How will you keep me informed and up to date on my case?
12. What are the options for paying for my legal work?
i. Will I need to pay you a retainer (money in advance) before you would represent my personal injury claim?
ii. Will I have to pay if we don't win the case?
iii. Will I have to pay more if my case takes a long time?
iv. Do you have deferred payment plans (plans that let you pay over time)?
v. Could my legal costs be covered by legal aid or legal insurance? How would that work?
13. I do not have car insurance, how will this impact my case?
14. Who is responsible for payment of drug and medical bills, lost of income, transportation and other expenses?
15. English is not my first language. Is your law firm able to communicate in my language?
After you have talked to several personal injury law firms, to help you decide abut which law firm to choose, ask yourself: How satisfied were you with how each firm answered your questions? Do you feel that one of them understands the impact of a brain injury and will be able to represent your case well?
Personal Injury Law
Automobile and Motorcycle Accidents are the most common type of accident in Ontario. These accidents can also lead to the most devastating injuries. The law relating to claims arising out of motor vehicle accidents is complex. It is strongly recommended that you retain an experienced lawyer to assist you with your claim As Soon As Possible. Ontario has both at fault and no fault system for Automobile and Motorcycle accidents. You can still sue the at fault driver for compensation and at the same time have access to no-fault benefits.
You are entitled to compensation from two sources:
1. Accident benefits from your own insurance company or the insurance company of any other vehicle involved in the accident.
2. A Negligence claim against the at fault party for compensation, including pain and suffering.
Accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. Accident benefits pay for income replacement, medical and rehabilitation, attendant care, housekeeping and home modification and death benefits.
- You must provide notice of the accident benefits insurer with 7 days of the accident
- You must complete an application for accident benefits within 30 days of receiving the application package from your insurance company.
- You must check the coverage that you have by reviewing your certificate of insurance as you may have purchased optional coverage which will enhance your benefits.
- You must submit forms from your treating health care professional and your employer in order to secure benefits.
There are several types of personal injuries that fall under personal injury law. A non-inclusive list is as follows:
- Automobile and Motorcycle accident
- Boating accidents
- Slip & Fall Accidents
- Pool and home accidents
- Medical Malpractice
- Disability Claims
Personal Injury Lawyers
The Law Society of Ontario: The Law Society of Ontario governs Ontario’s lawyers and paralegals in the public interest by ensuring that the people of Ontario are served by lawyers and paralegals who meet high standards of learning, competence and professional conduct. The Law Society has a duty to protect the public interest, to maintain and advance the cause of justice and the rule of law, to facilitate access to justice for the people of Ontario, and to act in a timely, open and efficient manner. Details about The Law Society can be found here www.lso.ca
We thank McLeish Orlando LLP - Critical Injury Lawyers for their assistance in developing the resources for this page.