Debunking Common Personal Injury Law Myths and Misconceptions in Canada

a lawyer studying a personal injury case carefully at her desk with files

Accidents can occur at any place and at any time. Though many of these result in minor injuries, some can also be fatal. That being said, even seemingly trivial injuries can negatively impact a person’s life by causing severe long-term conditions. In fact, non-fatal injuries are known to lead to serious disabilities such as blindness, brain injury, spinal cord injury, etc.

According to the stats presented by the government of Canada, there were approximately 225,208 injury-related hospitalizations in the country just during 2018-2019. They further revealed that slip and falls were the leading cause of injury-related hospitalizations.

Many individuals don’t know what to do when they get injured due to someone else’s negligence. After all, emotional, physical, and mental trauma can make it hard for most to know how to handle claims. Moreover, the common myths and misconceptions about personal injury law can also make it difficult to navigate such situations.

This blog post is a comprehensive guide that debunks common personal injury law myths to help you ensure maximum compensation for injuries. If that piques your interest, keep reading to find out more.

You Shouldn’t Make a Personal Injury Claim for Minor Injuries

The first personal injury law myth on our list is an extremely common one. Many individuals don’t file for a personal injury claim when they believe they have only sustained minor injuries in an accident. After all, people generally don’t want to inconvenience others for injuries they hope will heal on their own. However, this idea can do more harm than good— we will explain why.

an experienced personal injury lawyer at their desk with a laptop and some files

First, most individuals don’t really know the full extent of physical damage right after an accident. That’s because it’s a prevalent misconception that the only severe injuries after accidents are broken bones, crush injuries, burns, etc. However, not all seriously injured victims require to be transported to a hospital via an ambulance. Even though someone might feel okay after an accident, it doesn’t mean they aren’t significantly hurt.

On the contrary, it’s highly likely that they might have sustained serious damages that will only be visible later. These include (but aren’t exactly limited to) traumatic brain injuries, concussions, whiplash and other soft tissue injuries, back injuries, damages to the spinal cord, injuries to internal organs, and post-traumatic stress disorder symptoms. Such debilitating injuries don’t just lead to long-term issues, but also lead to high hospital bills. Many professionals might also experience a loss of wages since they might lose the ability to work.

That’s why experts recommend lawyering up and having the sustained injuries checked out immediately following a minor accident. This can be beneficial in obtaining evidence of the damages to make the personal injury claim easier to navigate. It’s also a good idea to monitor the injuries to significantly increase the chances of receiving financial compensation for the injuries.

two personal injury lawyers studying a case in detail to ensure maximum compensation.

Just because the injuries are minor, it doesn’t mean that the person isn’t entitled to having their medical expenses covered. In fact, it’s imperative to lawyer up and file for a personal injury claim because insurance companies often try to offer the lowest amount. The amount offered for these cases is usually not even enough to cover the basic expenses.

It can be highly beneficial to hire knowledgeable personal injury lawyers after a minor accident. That’s because they have the experience to secure fairer settlements in such cases.

Personal Injury Claim Cases Are Usually Drawn-Out

The second personal injury law myth on our list is the idea that personal injury cases take an extremely long time to resolve. This is false information because the reality is that it depends on the case. While it is true that some cases can take anywhere up to a few years to resolve, most settle very quickly. It generally depends on factors such as the severity of the injuries, the length of the victim’s recovery time, and the amount of money.

In most personal injury claim cases, the disputes don’t even make their way to the court. That’s because a majority of them are settled between the parties outside the court. However, if the case is taken to court, it usually takes an average of anywhere between 12 and 14 months to resolve in Ontario. It might even be resolved quicker if there is a clear at-fault party and a straightforward case.

Moreover, such cases usually extend because they can’t be resolved until the long-term effects of the injuries are fully cleared. Even if it lengthens the case, it can prove to be beneficial as the full extent of the injuries is taken into consideration. As a result, it significantly increases the chances of the affected individual getting fair compensation.

Hiring a Personal Injury Lawyer Can Be Expensive

Another common misconception about such law claims is that hiring a lawyer will be expensive. Though this is not the case, the popular personal injury law myth prevents many from lawyering up and getting their rights.

a personal injury lawyer working on a case with their laptop

Most people don’t know that hiring an experienced lawyer does not cost individuals hundreds of dollars per hour or a significant upfront fee. As a matter of fact, it’s actually highly affordable to get legal representation for such cases in Ontario due to the contingency fee agreement.

Thanks to the contingency agreement, the fee of the lawyer and its costs are recovered from the compensation. The pay is also highly dependent on the outcome of the case. As a result, victims can feel relieved knowing that the lawyers are working hard to maximize compensation as much as possible. Moreover, a majority of personal injury lawyers provide a free initial consultation to discuss the case in detail and gauge options. It’s also important to remember that lawyer fees don’t take up a significant portion of the victim’s settlement.

Lawyers Aren’t Needed Because Insurance Companies Can Help

Unfortunately, many individuals believe that insurance companies are on their side when it comes to accidents and injuries. However, that’s not true at all. Unfortunately, insurance companies have the motive to prevent victims from getting due compensation because they have to pay them.

As a result, this widespread personal injury law myth prevents people from getting game-changing legal help.

a person shaking hands with a personal injury lawyer after hiring them for the case

It benefits to remember that insurance companies are focused on making money. As a result, it’s not uncommon for them to dismiss or downplay injuries to ensure they can avoid paying compensation. In fact, many companies are likely to intentionally delay settlement talks as a method to demotivate the victim. This is a smart tactic utilized to influence and coerce those seeking compensation to accept a low offer just to resolve the case quicker. It usually entails asking for unnecessary details and records as well as taking longer periods to answer any queries or concerns. All of these are a clear signal that they aren’t ready to negotiate.

Insurance companies generally don’t want individuals to lawyer up. After all, experienced lawyers have the knowledge, skills, and tools to ensure that they pay more for compensation. Even if they’re unwilling to negotiate, they still have to litigate the case, which also costs a lot of money.

It’s critical that victims of personal injury accidents remember that without a lawyer on their side, insurance companies will collect evidence in their favour. That’s why it’s important to not give them any details before getting legal help. The lawyer should be notified immediately to document evidence in the victim’s favour. Another major benefit of hiring a lawyer is that they prevent individuals from posting or saying anything that can be easily misconstrued to discredit their case.

a personal injury lawyer in Mississauga working to ensure the highest possible compensation

Popular personal injury law myths prevent people from getting fair compensation. However, our personal injury lawyers in Mississauga can help you out.

At Nanda & Associate Lawyers, we take pride in having a team of highly-experienced and knowledgeable personal injury lawyers that can ensure maximum compensation. We understand that such accidents can have significant long-term effects. It’s why our lawyers utilize their experience, skills, and information about insurance companies to ensure their tactics aren’t successful. Our lawyers have the experience to correctly anticipate their strategies to get desirable results.

Reach out to us today, or you can book a consultation session now with our personal injury lawyers in Mississauga, Brampton, and Toronto.

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