Motor vehicle accident – Legal action & settlement
Will I get a settlement offer right away?
While it is possible that you will receive a settlement offer from the insurance company, we recommend you at least get a consultation with a lawyer before accepting it. Once you accept an offer it is final, and you cannot come back and get more money later if you find the compensation you accepted was not enough. If the insurance company refuses to pay the benefits you are entitled to, your remaining option is to sue the insurance company to obtain them.
What is the process involved in suing the negligent person or the insurance company?
Generally, the court process begins by delivering a Statement of Claim (commonly called a lawsuit) which sets out the claim you are making against the negligent person or the insurance company. The insurance company will then file a defense against your lawsuit and documents will be exchanged. At some point you will be asked questions under oath and you will probably need to undergo medical assessments, both with your own doctor and the doctor for the insurance company. Usually there are then settlement negotiations, where both sides attempt to come to an agreement. This may lead to a mediation or settlement conference. If that is not effective, the matter will go to court.
Do I have to go to court?
If the settlement negotiations (and mediation, if it happens) fail, your case will end up in court and a judge or jury will decide whether your benefits will be awarded and what the amount will be. However, most lawsuits settle before going to court.
Do I need a lawyer?
It may seem self-serving for lawyers to say that you should consult a lawyer, but the legal process is complex and requires a thorough understanding of the law, as well as experience with the important procedural steps that must be followed as part of a lawsuit. If you do hire a lawyer, you should look for one with experience in handling spinal cord injury lawsuits against insurance companies.
Can I afford a lawyer?
Lawyers do not all charge clients the same way for representing them in a personal injury lawsuit. Some lawyers will charge you by the hour, while some will take a percentage of the compensation you obtain from the insurance company. There will also be expenses related to running your case – for example hiring medical experts. Some lawyers may have you pay for those expenses upfront (or while the case is ongoing), while others will cover them and seek repayment if the case settles. At Cantini Law|Droit, we do not charge you any legal fees or expenses upfront. We are paid with a portion of your settlement only if your case is successful.
Why choose CLG Injury Law?
We have been helping people with personal injury and disability lawsuits since 1987. We work exclusively in the areas of injury & disability claims, which means we have the experience and resources to maximize the financial recovery for you and your family. We represent only the injured and disabled, never the insurance company. Insurance companies already have lawyers working for them, and you should too.
If you hire us to help you with your case, we will not charge you any fees or bill you for any expenses (such as medical experts, for example). Our fees are based on a percentage of your successful claim and you pay nothing unless you win. Our firm has secured full and fair settlements on thousands of injury claims throughout NB, NS and PEI, and we have dealt with all the major insurance companies.
If you have any questions or concerns about your insurance claim, feel free to Contact Us at 1-800-606-2529. We have offices in Moncton, Saint John, Halifax and Charlottetown.
