FAQs


  1.   I was just involved in a car accident in Oakville, Ontario. What should have I done?
  2.   I was driving my car without car insurance and I was involved in a motor vehicle accident, will I be able to sue?
  3.   I was in a car crash and the at-fault driver is not insured.
  4.   I was in a car accident, is a police report needed to file for my insurance claim?
  5.   I was not wearing my seatbelt when I was involved in a car collision, how will this affect my case?
  6.   I was hit by another car and the at-fault driver’s insurance company would like to speak with me, am I obliged to do so?
  7.   Is there a need to hire a lawyer after a car crash?
  8.   My car insurance company tells me I do not need a lawyer’s services even though I was injured in a car accident. Is this true?
  9.   Why do I need a personal injury lawyer in particular to handle my request for accident benefits?
  10.   Can I settle with my insurance company on my own without the assistance of a lawyer?
  11.   What kind of compensation can I get from my no-fault insurance company or accident benefit?
  12.   I was injured at a private establishment in Hamilton, Ontario, who should I sue?
  13.   How much is my claim worth?
  14.   How long will my case take?
  15.   My insurance company called, how should I deal with them?
  16.   My insurance company mentioned something about an insurance adjuster.
  17.   Will my premium on car insurance increase if I decide to make a claim?
  18.   I was partly responsible with the car accident that happened in Oakville, Ontario, how will this affect my claim?
  19.   My insurance company says I have to see their doctor.
  20.   I was just involved in a car crash, what are my rights and how do I protect them?
  21.   How will I know if my case gets settled?
  22.   How will I know when an offer for settlement is reasonable and fair?
  23.   In Ontario, how do I apply for short term disability?
  24.   What compensation can I expect from a personal injury claim?
  25.   I understand that injuries sustained in an automobile accident must meet a certain threshold in order to sue for damages related to pain and suffering. Can you explain what is meant by "Threshold" in this context?
  26.   I have been denied a claim or compensation by my insurance company, could I possibly sue them?
  27.   My insurance company has stopped paying my long-term disability benefits, how should I handle this?
  28.   Is there a maximum allowed amount for pecuniary general damages?
  29.   I purchased a defective product that has caused an injury, what should I do?
  30.   If you would like free legal advice on your case, contact us at Stevenson Whelton MacDonald & Swan LLP.
  31.   What if the injured individual is mentally incapable of making decisions for himself?
  32.   I cannot afford a lawyer. How much will your services cost?
  33.   Will I be billed per meeting, phone call or inquiry?
  34.   Who will handle my case?
  35.   What are the requirements for your free initial consultation?
  36.   My neighbour's dog bit my son, what should I do?



Answers



  1.   I was just involved in a car accident in Oakville, Ontario. What should have I done?
  A.   Call the police if someone was injured or you suspect the other driver involved has committed a criminal offense such as driving while intoxicated.
     Do not admit to liability or agree to pay for damages.
     Get the name and phone numbers of witnesses. Write down all the important details concerning the other driver and/or owner of the car including:
  1. Name
  2. Address
  3. Contact number(s)
  4. Vehicle licence plate, make and model
  5. Driver’s licence number
  6. The other driver’s insurance company and policy number
     If possible, take pictures of the accident and your injuries.
     Consult a doctor if you have been injured.
     If the police were not called on the scene, at least report the incident to the police accident centre.
     If you, or another person in your vehicle, were injured seek the advice of a personal injury lawyer to assess whether you have the right to claim benefits or damages.
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  2.   I was driving my car without car insurance and I was involved in a motor vehicle accident, will I be able to sue?
  A.   You cannot pursue a claim or sue the at-fault party if you were knowingly driving without insurance. However, you are entitled to Statutory Accident Benefits, medical, rehabilitation and attendant care benefits.
     To learn more about Statutory Accident Benefits, contact Stevenson Whelton MacDonald & Swan LLP. Your initial consultation is free.
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  3.   I was in a car crash and the at-fault driver is not insured.
  A.   In Ontario, if you were in a car collision and the driver at fault is uninsured, you can obtain benefits through your own insurance company. If both you and the at-fault driver are not insured, your accident benefits and your personal injury compensation will be paid by the government. In both instances, however, to be able to claim compensation for damages, a lawsuit must be started.
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  4.   I was in a car accident, is a police report needed to file for my insurance claim?
  A.   No, a police report is not necessarily needed in order for you to make a personal injury claim. You should report the incident to the police accident centre. Your insurance company will most likely ask you to do this when you call them.
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  5.   I was not wearing my seatbelt when I was involved in a car collision, how will this affect my case?
  A.   This will be considered contributory negligence on your part. For example, if it is determined that you were 20% contributory negligent, then your damages award will be reduced by 20%.
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  6.   I was hit by another car and the at-fault driver’s insurance company would like to speak with me, am I obliged to do so?
  A.   You have no obligation to speak with the other party’s insurance company, insurer, or anyone they are associated with. It is generally better to engage a personal injury lawyer and have them deal with the insurance company on your behalf.
     If you wish to consult legal counsel regarding this matter, a free no-charge initial consultation is offered at Stevenson Whelton MacDonald & Swan LLP.
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  7.   Is there a need to hire a lawyer after a car crash?
  A.   Generally, if you were injured in a car accident, it is a good idea to speak to a lawyer to help ensure that you receive all of the accident benefits to which you are entitled.
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  8.   My car insurance company tells me I do not need a lawyer’s services even though I was injured in a car accident. Is this true?
  A.   You might be discouraged by your insurance company to seek a lawyer’s services. Failing to ask for legal advice may put you at a disadvantage resulting in reductions in the claims or benefits you receive.
     Here are some reasons your insurance company may claim you do not need a lawyer:
  1. Your case has passed the time limit allowed by law
  2. You have very minor injuries
  3. It will cost you too much money and time
  4. Your insurance fees will increase
  5. They promise to pay you a fair amount of compensation
  6. It's "no-fault" so you cannot sue
     We encourage you to speak with us and avail yourself of a free initial consultation so you can find out if you really need a lawyer to guide you through your personal injury claims.
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  9.   Why do I need a personal injury lawyer in particular to handle my request for accident benefits?
  A.   Competent general law practitioners normally refer clients to a specialized legal firm, in this case personal injury lawyers, when they feel that their client should pursue a personal injury claim. General practitioners do not usually have the depth of knowledge and experience to ensure that you get the maximum benefits possible in your situation. The law today is very specialized. If you are involved in a personal injury accident, most likely the other party will also seek qualified counsel that is experienced in this area.
     Your case will be at a disadvantage if you do not seek a legal representative that is as qualified and experienced as your opponent’s counsel.
     Stevenson Whelton MacDonald & Swan LLP specializes in personal injury law, since that is all we do you can be assured your case will be handled with the utmost expertise.
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  10.   Can I settle with my insurance company on my own without the assistance of a lawyer?
  A.   You may choose to deal with your insurance company on your own, although this strategy puts you at a disadvantage. You might not know the true value of your claim.
     Insurance companies employ adjusters to make sure they pay out as little as possible.
     Although you still have to pay your personal injury lawyer after the settlement, your insurance company usually will also pay a part of your lawyer fees. Hiring a lawyer to represent you will generally result in a substantially higher settlement.
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  11.   What kind of compensation can I get from my no-fault insurance company or accident benefit?
  A.   This will depend on what coverage you have under your policy. Generally, you can claim for income replacement benefits, attendant care benefits, medical and rehabilitation expenses and other expenses.
     Speak with an Lawyer at Stevenson Whelton MacDonald & Swan LLP for free on your initial consultation to know which of these benefits are entitled to you.
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  12.   I was injured at a private establishment in Hamilton, Ontario, who should I sue?
  A.   Sometimes, personal injury victims are not aware of everyone who may have had a role in causing their injuries. It is important to sue the correct parties. We can help you determine the parties who were negligent.
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  13.   How much is my claim worth?
  A.   In Ontario, the monetary compensation given to an individual depends on how the injury impacts a number of areas in a person’s life. The worth of your claim would be based on the principle of loss, including future economic loss.
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  14.   How long will my case take?
  A.   This depends on the complexity of the case and other factors such as co-operation between your personal injury lawyer and the other party, waiting time for the doctor’s medical diagnosis, witness’ willingness, etc.
     Call us for a free initial consultation so we can advice you on the length of time a lawsuit may take based on your case
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  15.   My insurance company called, how should I deal with them?
  A.   If your insurance company calls you, they may want you to speak with an insurance adjuster. Before doing so, it is best to consult a lawyer for advice so you know your rights.
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  16.   My insurance company mentioned something about an insurance adjuster.
  A.   An adjuster is your insurance company’s representative responsible in assessing and paying out as little as possible for your claim. When you speak with this person, anything you say will go on your file and will be used in evaluating your claim. He or she will most likely discourage you from getting a lawyer and will most definitely not advise you on your complete rights.
     You may want to speak with a personal injury lawyer before you talk to your adjuster. Stevenson Whelton MacDonald & Swan LLP offers a no-charge initial consultation. Be sure you learn your rights before speaking to an adjuster.
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  17.   Will my premium on car insurance increase if I decide to make a claim?
  A.   If you’re the at-fault party or at-fault driver, your insurance premium may increase.
     If the accident is not your fault, your premium should not increase even if you make a claim on this accident.
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  18.   I was partly responsible with the car accident that happened in Oakville, Ontario, how will this affect my claim?
  A.   You can still recover compensation however your claim for damages will be reduced based on your contributory negligence. Let’s say you and the other party were both equally at fault then your claim will be 50% reduced.
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  19.   My insurance company says I have to see their doctor.
  A.   Insurer exams, as they are called, will test whether you are being consistent in what you say and your health condition before and after the accident.
     In this case, honesty is always the best policy. Any inconsistency will lead your insurance company to think that you are lying.
     If you are being asked to take an insurer exam, it is best to consult a lawyer before the examination.If you are being asked to take an insurer exam, it is best to consult a lawyer before the examination.
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  20.   I was just involved in a car crash, what are my rights and how do I protect them?
  A.   The severity of your injury and the circumstances involved will determine your rights, benefits, claims, as well as obligations.
     The best way to learn more about this is to seek a personal injury lawyer so he or she may discuss your rights with you in detail.
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  21.   How will I know if my case gets settled?
  A.   The personal injury lawyer handling your case will be sure to contact you before accepting any settlement. You will be advised whether the offer for settlement is fair and ultimately, you will have to decide if you are satisfied with the final offer. The case cannot come to a conclusion without your clear and firm authorized instruction.
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  22.   How will I know when an offer for settlement is reasonable and fair?
  A.   Seeking a qualified and experienced personal injury lawyer is always in your best interest. They will be able to advise you whether the final offer for settlement by the other party is reasonable and just.
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  23.   In Ontario, how do I apply for short term disability?
  A.   Generally, you will need to fill-out the required application form along with a medical form completed by your doctor. Remember to inquire with your insurance company about time limits in submitting these requirements.
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  24.   What compensation can I expect from a personal injury claim?
  A.   You can receive compensation for your pain and suffering, loss of income and loss of economic opportunity, housekeeping and home maintenance expenses, unpaid medical and rehabilitation costs, out of pocket expenses and a portion of your lawyer fees.
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  25.   I understand that injuries sustained in an automobile accident must meet a certain threshold in order to sue for damages related to pain and suffering. Can you explain what is meant by "Threshold" in this context?
  A.   This is a fairly complicated subject. Our personal injury lawyers have written an extensive paper on this topic. Interested readers are encouraged to review this PDF that discusses important information about the threshold as it pertains to motor vehicle accident claims.
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  26.   I have been denied a claim or compensation by my insurance company, could I possibly sue them?
  A.   Yes, you can file a lawsuit if an insurance company denies your claim.
     Stevenson Whelton MacDonald & Swan LLP can assess the merits of your case through our no-obligation initial consultation.
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  27.   My insurance company has stopped paying my long-term disability benefits, how should I handle this?
  A.   Your entitlement to disability benefits is written in your insurance policy. There could be a number of reasons for termination of long-term disability benefits such as the time limit specified on your policy or specific terms that you have failed to comply with.
     It is in your best interest to seek legal advice in this situation since your insurer may or may not be right in terminating your benefits.
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  28.   Is there a maximum allowed amount for pecuniary general damages?
  A.   There is no maximum indicated amount for pecuniary general damages.
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  29.   I purchased a defective product that has caused an injury, what should I do?
  A.   Here are some general guidelines that may help you in pursuing a claim for your injury:
  1. Make sure you keep the defective product as well as the receipt when you made the purchase.
  2. Take note of the time when you sustained your injury and what actually happened.
  3. Note any visits to your doctor.
  4. Do not forget to write down any witnesses’ information such as their names, address, and contact numbers.
     If you would like free legal advice on your case, contact us at Stevenson Whelton MacDonald & Swan LLP.
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  30.   If you would like free legal advice on your case, contact us at Stevenson Whelton MacDonald & Swan LLP.
  A.   Yes, we can help you with your required claim or benefit forms.
     You may want to bring them along with you when you visit us for a free initial consultation.
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  31.   What if the injured individual is mentally incapable of making decisions for himself?
  A.   If the injured person is incapacitated due to injury or existing mental condition, a loved one may be appointed to make decisions on his or her behalf.
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  32.   I cannot afford a lawyer. How much will your services cost?
  A.   At Stevenson Whelton MacDonald & Swan LLP, we offer a FREE initial consultation. We will help you determine if it is in your best interest to hire legal counsel, and if you can claim benefits for your accident.
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  33.   Will I be billed per meeting, phone call or inquiry?
  A.   A fee arrangement will be agreed with you when you decide to avail of our services. Generally, there are no fees until we settle your case.
     Click here for further information regarding our fees.
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  34.   Who will handle my case?
  A.   Should you decide to have Stevenson Whelton MacDonald & Swan LLP represent you, a qualified personal injury lawyer and experienced law clerk will be assigned to your case.
     Read more about how we will handle your personal injury case.
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  35.   What are the requirements for your free initial consultation?
  A.   On our first meeting, we intend to give you the best legal advice possible so you can decide if you wish to pursue your personal injury claim. To be able to do this, it is best to bring with you a list of your previous and present medical conditions, general background information about yourself, family and work history, notes and documents related to this incident including police, medical, and insurance reports, medical receipts, and details the about the incident as well as the injuries you have sustained.
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  36.   My neighbour's dog bit my son, what should I do?
  A.   Dog owners have an obligation to keep their dogs under control and are generally liable if their dog bites an individual. If the dog bite resulted in injury, you should contact a personal injury lawyer to assess your case.
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