You can trust the professionals at P&M PERSONAL INJURY LAW to fight for your rights in your time of need.
We are sympathetic to the difficulties involved in restoring and maintaining your lifestyle after an accident. With our years of expertise and dedication, we are committed to helping you and your loved ones get back on your feet.
At P&M Personal Injury Law, we pride ourselves on the quality of our legal services which is a direct result of our diligent selection of legal representatives. Our conveniently located office in Toronto, offers the benefits of a large firm with a boutique firm, client-centered approach. Our strength as a firm is directly related to our reputation. Our success is a result of employing a team that stays on the forefront of trends in law and personal injury.
We believe that it is not nearly sufficient for a legal representative to understand the legal system – we must also understand your unique circumstances and culture. We set our standards high for providing experienced legal representation in over 10 languages so that no key details are overlooked and you can truly feel comfortable working alongside of someone that understands you.
Your initial consultation is always FREE and you DO NOT PAY unless we obtain compensation for you!
In 2018 there was an estimated 35, 746 fatal and personal injury collisions in Ontario. Unfortunately, this means that car accidents are more common than many would think. To make matters worse, if you have been in an accident, the legislation and court system can make navigating your claim difficult and confusing. This is further compounded by the fact that such accidents are often traumatic, and the moments afterward can be a blur, including feelings of fear, anger, frustration, and anxiety.
This article will explain, in a simple and straightforward manner, what your legal options are after a motor vehicle accident.
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When the temperature drops below 0º, Ontario residents brace for the inevitable onset of snow and ice. The winter weather also brings hazardous weather conditions to municipal sidewalks. Ontario’s Municipal Act outlines some of the rules and tenets of slip and falls on municipal sidewalks.
An injured person should be aware of the strict notice period found in the Municipal Act. An injured person has 10 days to provide written notice to the municipality. This notice should include the injury, identity of the injured person, the date, the time, and location of the fall. An injured person who does not put the city on notice within the timelines prescribed by the Municipal Act may be barred from starting an action for the recovery of damages.
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It is common for an employee to experience a disability leave at some point in their careers. Mental illness in particular is growing in prominence as a cause for a short-term or long-term disability leave. According to Manulife Financial Group, disability claims based on psychiatric injury, primarily depression, are growing at the fastest rate. Among youth in particular (15 to 24 years old), mental illness related disability is the most common type of disability.
Given the prevalence of disability leaves, many employers will offer policies of Short-Term and Long-Term Disability. Short-Term and Long-Term Disability Benefits will protect a person’s monthly earnings in the event of disability. Disability benefits are simply income replacement insurance in the event of injury or illness.
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Within the last 10 years, scientists have become increasingly aware of the causes and symptoms of a traumatic brain injury. A traumatic brain injury may be triggered even in the absence of a serious blow to the head. For example, a new study from the University of Rochester found that a single season of college football could cause brain damage.
Traumatic brain injuries can also be a consequence of a slip and fall or a motor vehicle accident. An injured person need not bump their head to experience a traumatic brain injury. Even a violent headshake could cause serious injury to the brain.
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The weather will eventually improve again. With the beautiful weather comes the desire for Torontonians to enjoy the great outdoors, and it is important to be mindful of the dangers posed to pedestrians and cyclists. Data indicates that the summer months are the deadliest for these groups with regards to the potential for auto collisions.
Active transportation collisions are most likely to occur at intersections and at major arterial crossings. Toronto ranks poorly amongst other Canadian cities for road safety for pedestrians and cyclists, and the estimated cost of collisions is over $60 million a year.
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Ryan has practiced almost exclusively in the area of personal injury law for his entire legal career. After...
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Advocating for the rights of injured persons for over 21 years Vadim is licensed under the Law Society...
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Tricia has been practicing in the personal injury field since her call to the Bar over 25 years...
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Domenic has practiced exclusively as a personal injury lawyer since completing his legal education at Osgoode Hall Law...
Read moreI suffered serious injuries after a bicycle I was riding was hit by a car. I had to learn how to walk again, but thanks to P&M, they made all the arrangements for me to get well, while not having to worry about financial consequences. I highly recommend P&M Personal Injury lawyers as a team of caring and competent lawyers who will do their best to help and get the best settlement from insurance companies.
Nash B. I hired P&M after being involved in a car accident where I was severely injured and was unable to work for over 2 years while recovery took place. P&M arranged proper care and rehabilitation, and allowed me to get back to my feet and get my life back. I will always be thankful to the great team at P&M.
Dennis T. If you have been injured in an accident and are seeking a personal injury lawyer, you may wondering about cost. Personal Injury lawyers typically work on a contingency fee basis, meaning that legal fees are only payable if your lawyer is able to recover money for you, whether that be through a settlement or an award from court. This article will discuss how contingency fees operate in Ontario and what additional costs you may be responsible for as your case progresses.
A contingency fee arrangement involves paying legal fees as a percentage of the compensation that you recover from your legal claim, plus HST. Contingency fees are extremely common in personal injury claims and are regulated by the Law Society of Ontario.
When you hire a personal injury lawyer, you will not be required to pay upfront legal fees or hourly rates, and you will only need to pay legal fees if you receive a monetary award.
If you lose your case, you will not need to pay the legal fees to your lawyer, however, there may still be other legal expenses that you are responsible for.
Contingency fee arrangements are beneficial for individuals who are pursuing a personal injury claim because they will not have any upfront financial pressure. It will be a difficult time after an injury, as you will be recovering from your injury, may not be able to work, and you may need to pay for medical treatment along the way. Contingency fee arrangements will relieve the financial burden of having to pay thousands of dollars to a lawyer to start your case.
Contingency fee arrangements also share the risk of your case, as your lawyer will not be paid if they are unsuccessful. Therefore, your lawyer will be dedicated to helping you to the best of their abilities.
Additionally, contingency fee arrangements allow for injury victims to be able to pursue personal injury claims even if they cannot afford to pay hourly legal bills. These types of arrangements defer payment until funds have been recovered.
Personal injury cases are often extremely complex, lengthy, and require a lot of work to bring the case to a resolution. Therefore, contingency fee arrangements make this process more financially manageable for individuals, allowing them to focus all of their attention and resources on recovering.
At P&M Injury law, we work on a contingency basis and charge no more than 33% of any settlement or award, plus HST.
The contingency fee percentage will not apply to any amounts that are awarded to help pay for disbursements or taxes.
What About Other Fees?
In a personal injury claim, legal fees are not the only fees that you may need to pay.
Disbursements
During the life of a case, third parties will be involved such as medical experts or expert witnesses. Additionally, there are court filing fees, transcript costs, and other out-of-pocket expenses required to advance your case. These are called “disbursements” and are not classified as legal fees.
Typically, your lawyer will pay these disbursements as the case progresses and will recover these amounts at the end of the case from the settlement or award. Depending on the complexity of your case, disbursements can sometimes be significant, however, your lawyer will keep you informed on disbursements as they are incurred.
In a court proceeding, “costs” are sometimes awarded to the winning party or can be negotiated in a settlement. “Costs” are used to compensate for lawyer fees, disbursements and taxes incurred during litigation. They are entirely discretionary and typically aim to only cover a portion of the expenses.
Contingency fee arrangements do not protect you from cost awards, and you may be required to pay costs if you lose. However, as your case progresses, P&M Injury Law will assist you in assessing the risks and likelihood of possible costs and advise you accordingly to reduce the risk.
If you win your claim, or settle your case outside of court, those funds that are awarded to you will typically be paid to your law firms trust account. They will prepare an account statement showing the total settlement or award, what the contingency fee is, any taxes, and disbursements that are outstanding. It will also include the net amount you receive. The contingency fee and any disbursements still owing will be deducted from the amount you receive.
If you do not win your claim and are unable to reach a settlement, you will not be required to pay any contingency fees. However, you may still be responsible for any disbursements or costs if ordered by a court. Your lawyer should discuss these risks with you so that you can make informed decisions throughout your case.
You always have the right to change lawyers and terminate your contingency fee arrangement at any time. The Law Society of Ontario specifically ensures that you are not unfairly penalized for terminating your contingency fee arrangement.
If you decide to terminate your arrangement, you may still owe fees for any work already performed. This is typically assessed on an hourly basis and will include any disbursements incurred by that lawyer.
The terms regarding termination will be set out in a written contingency agreement. It is important that when you enter into your contingency fee arrangement, that you understand your rights and obligations, and seek independent legal advice if you need any additional information.
Suffering from an injury in a car accident, slip and fall, or other accident in Ontario can cause significant physical and financial disruptions to your life. Injuries may interfere with your ability to work and require extensive rehabilitation, which can be a heavy financial burden. The legal path to receiving financial compensation involves pursuing a personal injury lawsuit, which in some cases can be a complex process.
You may be wondering about the process of a personal injury lawsuit in Ontario and how long your lawsuit may take, as a timely resolution may be top of mind for you. Below, we outline the general timeline for an Ontario personal injury lawsuit, factors that may slow things down, and strategies to expedite your case.
After properly attending to your medical needs following an accident, you should consult with an Ontario personal injury lawyer. A lawyer will collect the necessary information such as how the injury occurred, the severity of your injuries, and who may be responsible. At P&M Injury Law and most personal injury firms, consultation is free.
It will be important to receive medical treatment as soon as possible, which will assist in your recovery as well as documenting your injuries. Our team will be able to help coordinate the necessary medical or specialist care and will begin gathering evidence and documentation related to your injury. This evidence can include police reports, medical records, and expert reports.
If appropriate, the lawyer will prepare and file a Statement of Claim to formally start the personal injury lawsuit, which will describe what happened in the accident, identify the defendants, and specify the compensation sought. The defendant will then file a Statement of Defence in response.
The lawsuit will then proceed to the discovery phase. Each party will provide the other with an Affidavit of Documents, which is a list of relevant documents. Each party will also participate in an Examination for Discovery, which is an opportunity to question a party under oath to better understand their side of the story and to assess credibility.
After discovery, the parties may negotiate with each other to reach a settlement. Mediation is usually the next step, where both sides work together with an external mediator in attempt to reach a resolution that satisfies both parties. Many Ontario personal injury cases are settled around this time.
If the case is not resolved at a mediation, the next step is scheduling a trial. Before trial, the lawyers will finalize expert reports, prepare witnesses and gather evidence. The parties must also attend a pre-trial conference with a judge, where the parties will discuss settlement and trial management. If no settlement is reached here, the claim will proceed to trial which can typically last 8 - 15 days.
Throughout the life of your Ontario personal injury lawsuit, there will be many opportunities for settlement negotiations. Negotiations can occur at every stage of the process, such as after medical information or reports have become available, after discoveries and mediations, or even during trial preparations. Although our lawyers at P&M Injury Law are trial experts and do not shy away from protecting your rights, the vast majority of Ontario personal injury lawsuits result in a settlement without a trial.
Understand the Timelines: While taking a case to trial can take upwards of 3 to 5 years, there are opportunities to negotiate along the way.
