Personal Injury Claims
At Stack & Associates Law, we understand the burden a personal injury can cause you and your loved ones. We’ve made it our mission to help you secure a full financial recovery for the expenses related to your injury.
1. What kind of personal injuries can I be compensated for?
There are a range of personal injuries that are compensable in law. The injury that you suffer can be from someone acting either intentionally or unintentionally. Some examples are:
- Slip and fall;
- Physical assault;
- Sexual assault;
- Defamation and slander;
- Motor vehicle accidents (driver, passenger, pedestrian)
- Medical malpractice;
- Any other kind of action by another person(s) that results in personal injury to you.
2. I’ve just suffered a personal injury. What do I do?
It is very important to document the circumstances of the injury and obtain medical attention. It’s also important for you, or another person, to take photos of the injury and get the contact information of any witnesses. Depending on the type of personal injury, you must get the contact information and the insurance information from the other person(s) involved. Do not give a statement to any insurance adjuster until you have received legal advice.
3. What are my rights after suffering an injury?
If you are injured due to the actions of another person, you have the right to pursue a personal injury claim against the person(s) responsible for the injury. This means you have the right to seek compensation for pain and suffering, past lost wages, inability to perform duties at your home and diminished earning capacity. You are also entitled to be reimbursed for any and all out-of-pocket expenses.
4. How much is my case worth?
Each case is different. Generally, if you experienced a significant injury, which has persisted for a long period of time, and it has had a great impact on you, you may receive greater compensation compared to a “minor” injury that has lasted very briefly with minimal disruption to you. However, in order to give a proper opinion, we would first need to investigate your claim in order to provide an opinion on its worth. A professional opinion will usually be needed in all but the most trivial of injuries.
5. How long will I have to file a personal injury claim?
In Newfoundland and Labrador, you have 2 years to file a personal injury claim with the Court. However, that does not mean you have to wait for 2 years to get the claim going. The claim can be started immediately after the time you were injured. A large number of our claims settle long before this 2-year period is reached.
6. How can a lawyer help with my personal injury claim?
An insurance company may push you to accept a small settlement or take advantage of your inexperience in personal injury claims, or your vulnerability while injured. We stop this. We advocate for you and represent your best interests at every step of the claim. Remember that insurance adjusters represent the insurance company, not you, no matter how friendly and accommodating they may appear.
7. What are the legal fees for a lawyer?
We charge 25% in legal fees for motor vehicle accidents when your case settles. We charge 30% for non-motor vehicle accident cases. These fees are much lower than other fee arrangements which can go as high as 33%. Also, we don’t charge you for fees or disbursements, such as the cost to get a medical report on your case, until the file is concluded.
8. How long does it take to settle?
Most of our cases settle within 2 years less than the 2 year legal limitation period. But to seek a quick settlement almost always means you will receive less than one that is reasonably settled over a period of time.
More Questions? We have answers.
If you’re living in St. John’s or surrounding area and are in need of legal advice regarding Personal Injury Claims, please reach out to us: