If you have been hurt in an accident that was not your fault, under Canadian law, you can seek monetary compensation. There are two ways in which you can do so. You can negotiate a settlement or file a lawsuit.
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Lawsuit vs. Settlement
A personal injury lawsuit and personal injury settlement are similar in some ways but are not the same. It is imperative to understand what each of them are if you’ve been involved in an accident that wasn’t your fault.
Similarities
Both a personal injury lawsuit and a personal injury settlement seek to compensate for losses due to the injury such as:
- Medical bills
- Emotional suffering
- Lost wages
- Physical pain
- Diminished life quality
- Mental anguish
- Disability accommodation
- Loss of companionship and support
A personal injury claim is always filed when one person is injured through no fault of their own. It is the manner in which the settlement is handled that determines if it is a settlement or a lawsuit.
In both instances, you will need to be represented by legal counsel. It is wise to seek the expert help of a personal injury lawyer who specializes in these types of cases.
Differences
In a settlement, you are trying to reach an agreement. The party you are going up against is not involved in the negotiations and is totally represented by his or her insurance company.
In a lawsuit, you are suing the party who is at fault. This is done through the party’s insurance company by way of a court of law. A lawsuit typically occurs when a settlement can’t be reached or if the damage or injury is severe
What You Should Know About a Personal Injury Claim
From the initial filing of a personal injury claim to the actual court proceedings, the process can be complicated, confusing, and emotionally and physically draining. If you’ve been hurt already, that’s the last thing you need.
Your best bet is to turn to a personal injury lawyer who is trained and experienced in these types of cases. Your attorney will help you decide if it is best to file a lawsuit or work towards a settlement. Every situation is unique. There will be many factors your lawyer will consider before advising you which way to turn. In the meantime, you’ll be able to heal while your personal injury lawyer handles your case.
If you are the one being accused of being at-fault, you may need legal counsel as well, especially if the situation involved criminal charges like drinking and driving or hit-and-run.
Personal Injury Claim Process
There are steps that must be taken in order to pursue a personal injury claim. It must be filed so that the at-fault party and their insurance company are aware of the exact nature of your claim and your injuries and losses as well. It should be filed within 24 to 48 hours of the accident. Since this is difficult to do if you are hurt, your personal injury lawyer can do it for you.
An investigation will be launched by the insurance company. Your medical records will be reviewed. Police reports will be reviewed too. Any witnesses and photo or video will also be looked into.
You will then write a letter of demand to the insurance company that gives the details of the accident and the injuries that occurred as a result of it. You will also state the amount you feel you should be compensated. As you can imagine, you will need a personal injury lawyer to walk you through this part. If you ask for too little, you risk not having all your bills and other needs met. If you ask for too much, you may give the wrong impression of intent.
After the investigation is completed by the at-fault’s insurance adjuster, an amount will be offered. At this time, your personal injury attorney may go into negotiations. If a settlement is reached that your lawyer and you feel are fair, the case can be closed. If not, a lawsuit can be filed.
Personal injury lawsuits are even more complicated. They are only filed when attempts to settle the case have failed so they can certainly be less than amicable.
When you’ve been injured through no fault of your own, you have enough to deal with just getting through the pain and loss you are suffering. A personal injury lawyer takes the stress off and leads you through the legal process, be it a claim or a lawsuit. You will want an attorney who is knowledgeable and experienced in Canadian law – one you can trust to treat you courteously and fairly. The personal injury lawyer you choose is one of the most important decisions you will ever make so be sure to turn to the best, most reliable attorney possible.
