Debunking the top 5 Personal Injury Law Myths

Personal injury law is without a doubt one of the most complex yet interesting areas of Provincial law in general.  Unfortunately, it is oftentimes littered with myths and many preconceived notions about the rights we are entitled to.  The public is constantly being bombarded by extreme, over-the-top advertising and sensational cases to hear and/or read about every day.  However, if you’ve been considering filing a personal injury lawsuit, be aware of the following myths.

Myth #1:  Insurance companies (and their lawyers) are always the “bad” guys.  FALSE!  The people on the insurance company’s front lines do not have the authority to automatically cut you a check.  In most cases, they work for a boss who also has a boss.  There are certain factors that must be established and provincial laws that must be adhered to before anyone in a personal injury claim or lawsuit gets paid. Complete verification of the facts has to be done and that is what takes time.

Myth #2:  Large, drama-filled trials are the norm in personal injury law.  FALSE!  Not only is this a false statement, nothing could be less factual.  It has oftentimes been estimated that 90% or more of personal injury claims in the Greater Toronto Area and throughout Ontario Province never enter the courtroom.  Both sides typically try to resolve these cases as soon as possible. That is why hiring a personal injury lawyer in Kingston is essential.

Myth #3:  Payment is due your lawyer only if you win your case.  FALSE!  This depends on the agreement you made with your personal injury lawyer in the beginning.  Your lawyer will usually cover any disbursements or expenses during the legal process.  However, those must be repaid whether your case is resolved in your favor or not.  If it does, you pay the lawyer for representing you.

Myth #4:  Personal injury lawyers in the GTA are glorified ambulance chasers.  FALSE!  First and foremost, it is legal to chase ambulances anywhere in Ontario Province.  So this statement is utterly ridiculous.  Unfortunately over the past couple of decades, the stance on advertising and marketing has been significantly relaxed by the government body that oversees the behavior of lawyers, namely the Law Society of Upper Canada.

Myth #5:  You “win” personal injury lawsuits.  FALSE!  There is no winning or losing.  There is no proving one party right and the other wrong.  The legal system in Ontario Province is not the same as Judge Judy or Judge Milan.  Personal injury law is about achieving a fair and reasonable settlement through negotiation and establishing the amount of compensation you deserve based on specific criteria.

Fortunately, despite all the above myths and many others floating around out there, having a personal injury lawyer represent you and your case is a wise decision more often than not.  Not only does this give you a better chance getting compensation, they will ensure that your rights to that compensation are protected throughout your case.