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Get Answers for Common Legal Questions ABout Personal Injury

Even if you do not retain our law firm, you can use this as an education tool.


What you want to know but are afraid to ask:

Should I sue?

If you have suffered a bad injury, you should strongly consider pursuing a lawsuit. Often a family doctor or treatment provider will tell you to do so. Whatever is going on, we will meet with you to take you through the early stages of the litigation process. For a case you are unsure about, we would be pleased to meet with you to consider the details. In most cases, you have two years to sue from the accident date. Keep this in mind when you believe that a lawsuit is the last but only option.

There are situations in which you sustain an injury (such as a rotator cuff tear or dashers knee) which progressively worsens over time.

Often our clients are concerned that their injuries will get worse. They have heard of other people who have had this happen. Medical research suggests that most accident victims have injuries that will get better over time; however a small percentage do not get better.

How much will it cost?

We operate primarily on a percentage basis.

 

We understand that one accident can change your life. As a result, we operate primarily on a contingency (percentage) fee basis. This means there is no cost to you until your claim resolves.

 

When a claim resolves, there are always two parts to any lawyers account: (1) disbursements and (2) legal fees for the lawyer’s efforts working on the claim. Both components are subject to HST. Disbursements are the out-of-pocket expenses paid by the lawyer for items and services to build your claim and help ensure that you receive just compensation. The disbursements are paid first and the legal fees are calculated based on the remaining amount of money.

What is our contingency fee rate?

Legal fees are calculated based on a percentage. Our maximum contingency fee for new clients is 30% of the amount recovered through a settlement. If your case proceeds to a Trial, our maximum percentage is 35% of the amount recovered or the total amount awarded for costs, whichever is higher.

 

After a Trial, costs can be awarded by the Court or Assessment Officer for our fees, disbursements, and HST. Any amount awarded by the Court or Assessment Officer for costs will help ensure that you receive more of the amount awarded to you.

 

In retaining a law firm, it is always important to consider the contingency rate to be charged but also the law firm’s experience level and the quality of the work to be performed. We encourage all to review the testimonials on our website from past clients. We also note that Mr. Littlejohn has more than 33 years of experience. In total, the lawyers at Littlejohn Barristers have more than 55 years of combined experience within the field of personal injury law.

Should I return to work?

Often our clients, despite their injuries, have to return to work to support their families. It seems unfair to many of our clients that they are being asked by their insurer’s to return to work early when the accident was caused through no fault of their own.

In this situation, we ask our clients to consult with their family doctor or treating surgeon. Whatever is mutually agreed upon, we will provide support through the conclusion of the litigation.

What type of treatment should I receive for my injuries?

The type of treatment you should receive depends upon your injuries and the advice of your treating healthcare professionals. Typically injured persons receive various types of treatment including, but not limited to, physiotherapy, massage therapy, chiropractic treatment, acupuncture, psychological treatment and counselling, rehabilitation therapy, occupational therapy and driver/passenger desensitization training.

If you are injured in a motor vehicle collision, your insurance company is obligated to pay for reasonable and necessary treatment through no-fault benefits. We will help you navigate through the confusing insurance documentation to ensure you get your treatment started in a timely fashion. Speak to our team of dedicated lawyers to find out your rights with regards to these Statutory Accident Benefits.

Whom do I sue?

We ensure that the right people are named as Defendants in your lawsuit. This is our responsibility.

In most cases, you have two years from the date of the accident to pursue your lawsuit.

What is the MIG?

The MIG is a short-form insurance expression for Minor Impairment Guidelines. Since September 1, 2010, every claimant has only $3,500 worth of treatment to them if their injuries are considered to be minor.

We have had good success in finding ways to get our clients out of ‘The MIG’.

Ask us how we can help you get more treatment.

What is the value of my lawsuit?

At our law firm, we send you to the best experts available in each field. We pay for the cost of their services. These experts will meet with you and, after receiving your history and completing an examination of you, will render their medical opinions.

Their medical reports, once obtained, will determine the true value of your lawsuit.

From the moment we first meet with you, we will continue to evaluate your claim throughout the litigation process.

People We Have Helped

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Contact a Lawyer in Barrie, Ontario & Area

For your convenience, we’re located just minutes from the County Courthouse. Call Littlejohn Barristers today at 705-725-7355 to find out how we can help you in your fight for justice. Our office is in Barrie, but our lawyers are proud to serve Midland, Collingwood, Orillia and surrounding Ontario areas.

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