First you must ensure that he or she not only has several years of experience, but also a successful track record handling cases similar to yours. Find out how long the lawyer has been practicing accident and injury law. Does he or she specialize in injury law or do they handle other cases as well? What percentage of their practice is devoted to this area of the law? How often does he or she go to court? Is he or she a member of the Ontario Trial Lawyers Association? Do they understand how insurance companies work? Are they willing to fight for your rights if the insurance company does not offer a fair settlement? Will the lawyer personally handle your case or shuffle it down to a junior lawyer or clerk?

Next, find out how well-connected your injury lawyer is. Does he or she have a trusted network of investigators, expert witnesses and doctors for your convenience, support and care as well to help you get fair compensation for your injuries and losses?

Finally, enquire about the lawyers’ fees, payment, initial consultation and follow-up methods. Will he or she handle your case on a percentage fee or contingency basis? Will they discuss your case over the phone? Will they provide a free, comprehensive, no-obligation initial consultation? Will they send you educational or informational material about injury cases? Can they provide services in French?

If you or a loved one has been injured in an Ottawa car accident, please contact Brenda Hollingsworth at Auger Hollingsworth for a free consultation and evaluation of your case. We will come to your home or office if you are unable to come to us for a consultation. We have the experience, skill and knowledge it takes to fight for your legal rights and make sure you are fairly compensated for your injuries, damages and losses.

What is the purpose of this discovery? Basically, this process allows lawyers on both sides to determine what evidence and which witnesses to present during the trial. While this process may seem simple enough, a number of things can go wrong. There are a few common mistakes clients make that can sink the case at discovery.

• Lack of proper preparation: Remember that in a vehicle accident case, your medical condition prior to the accident will be examined carefully by the insurance company’s lawyer. It’s a good idea to review your medical records with your lawyer before discovery so that you are prepared for questions the defense lawyer poses during discovery.

• Your demeanor: Always maintain a pleasant demeanor. This is the time when the other lawyer assesses what kind of witness you will be at the trial.

• Answering questions: Your job at discovery is to answer to the point. When you go off on a tangent or get into “telling your story,” it might end up tanking the case.

• Defense lawyer is not your friend: The other lawyer asking questions may be pleasant and friendly, but he or she is not your friend. By all means, be polite and cordial. But do not get too comfortable and always maintain your guard. Nothing is “off the record” at this hearing. Do not volunteer any information.

• Being untruthful: There is no easy way to fix a lie. If you lie about your injuries or the effect the accident has had on you and you are caught doing it, the case will decrease in value instantaneously. If you lose jurors’ trust, you have lost your case.

Remember, the bottom line when it comes to discovery is careful planning, preparation and execution. Hiring an experienced Ottawa motor vehicle accident lawyer will help you prepare a strong case and ensure that you obtain the best possible result in your case.

Choosing an excellent lawyer can be difficult.   You are under emotional strain from a recent brain injury or maybe you are watching a loved one suffer through  such an injury. To win a personal injury lawsuit, knowledge and experience are important.  The right lawyer can make the difference between having enough compensation or coming away with none.  A knowledgeable, experienced brain injury lawyer will help you with understanding and compassion through the process of seeking compensation and will be best able to get you an appropriate amount of compensation.

Do You Really Need A Lawsuit?

Brain injury from a traumatic injury is a major cause of disability.  Every year in Canada, over 11,000 people die as a result of a Traumatic Brain Injury. Over 4,000 will die in Ontario alone.  The leading causes of Traumatic Brain Iinjury are falls, motor vehicle crashes, bicycle crashes, and sports related injuries. Traumatic Brain Injury is the primary cause of death and disability among kids.

Men between 15 and 24 years of age are most likely to experience a traumatic brain injury. Vehicle accidents, sports accidents, and work accidents account for most of these injuries. Seniors above the age of 75 are also at higher risk for a traumatic brain injury due to the increased risk of falling.  Kids under 5 are also at higher risk for a Traumatic Brain Injury.

If you or a loved one has been brain-injured due to someone’s negligence behind the wheel or in maintaining their property, an excellent lawyer can help you collect financial compensation to cover the many expenses involved in caring for someone with a traumatic brain injury.  Financial compensation awarded in a lawsuit, either after a trial or a settlement, may cover:

• Medical expenses not covered by OHIP
• Attendant Care
• Rehabilitation Expenses
• Counselling and Psychiatric care
• Lost past and future wages
• Vocational assistance to help with retraining
• Travel expenses for medical care
• Various support services for the injured person’s family
• Funeral expenses
• Pain and Suffering

An experienced Ontario brain injury lawyer will help you secure compensation for these expenses and others related to the traumatic brain injury.

You and your loved ones may be concerned that if you start an Ontario personal injury lawsuit you will have to dedicate a lot of your time in court and at your lawyer’s office.  However, most of the work on your file is done by the lawyer.  You will be involved in the fact gathering stage and at the decision making stage.  But otherwise, your role in the case will rarely be more than a couple of days leading up to the trial.

Don’t Wait Too Long

Remember that in Ontario, as in most jurisdictions, there are time limits for most lawsuits.  Consult with a personal injury lawyer as soon as you are able to after the accident to enjoy a free consultation about your rights after your traumatic brain injury.

You may suffer from a variety of serious physical symptoms ranging from relatively mild headaches to seizures and muscle spasticity. You may also suffer from serious cognitive challenges.  Again, these may surface on a spectrum ranging from a difficulty with concentration to seriously impaired judgment. Emotional symptoms are also frequently present in accident victims who suffer serious brain injuries including increased anxiety, depression, and unusual behaviours.

Car accident victims who suffer the effects of a traumatic brain injury (also referred to as a head injury or TBI) should take steps to ensure that their rehabilitation team recognizes the injury and takes step to document it and assist you to improve your condition.  Occupational therapists, psychologists, neuropsychologists and neurologists are just some of the health care providers who will assist in the diagnosis and treatment of a brain injury.

Some of the health care needs of the traumatic brain injury victim are not covered by Ontario’s provincial health care.  If you have suffered your injury as a result of a motor vehicle, you should have access to statutory accident benefits to help pay for your medical rehabilitation needs.  An experienced Ontario personal injury attorneys can help to ensure you are accessing all of the benefits to which you are entitled.  These benefits, which are very significant in the case of catastrophic injuries, are available even if the injured person was at-fault in the accident.

In addition to statutory accident benefits, many people who have suffered a traumatic brain injury as a result of a car accident or other accident caused by the fault of someone else will commence a lawsuit to recover damages.  Pain and suffering, loss wages and future care costs are just some of the damages available in a successful claim on behalf of a person suffering a brain injury.  Consulting an experienced brain injury attorney is key to ensuring you obtain all of the compensation to which you are entitled.

Generally, injured car accident victims in Ontario can receive accident benefits paid by their own car insurance company. There is a section in the Accident Benefits regime (section 15) that says that “all reasonable and necessary” rehabilitation expenses are to be paid.  The purpose of the rehabilitation expenses are to reduce or eliminate the impact of a disability caused by the accident.  Home renovations, assistive devices, workplace adaptations and vehicle modifications are all items which may be covered under section 15 of the Accident Benefit regime for “rehabilitation” benefits.

However, in addition to the no-fault benefits, in cases where the motor vehicle accident is the fault of someone else, a claim or lawsuit for damages may be brought. Such claims or lawsuits could seek compensation to cover damages for pain and suffering, loss of income, future care costs and other significant losses. Medical treatment costs that are usually covered for spinal cord injury victims include chiropractic treatment, massage therapy, physiotherapy, active rehabilitation programs, medications, occupational therapy, home care and vocational or job training if necessary.