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Filing a personal injury claim isn’t something you would typically do on a regular basis. If you’re lucky, you’ll never have to file one in your life. But when accidents happen and injuries occur, it’s important to know what options you have. If your injuries are the result of the conduct of a negligent person or party, you may have the right to file a personal injury claim to receive compensation for your injuries.

While filing a personal injury claim is your right, you may be confused about the process, or even what it means to file a claim. If this sounds like you, don’t worry – you aren’t alone! There is a lot of information out there today about personal injury claims, and if you aren’t an experienced personal injury lawyer, it can be hard to tell what is accurate and what is not. That’s why we put together this informative article to help shine a light on some of the most common misconceptions about personal injury claims.

Misconception #1:

Filing a claim against someone feels wrong

A common reason for not filing a personal injury claim is that it feels wrong to sue someone. This is typical in cases where individuals have sustained what seem to be minor injuries, or feel that they will recover quickly. The reality is that injuries, even seemingly minor ones, can affect your life dramatically. A broken bone, for example, can create mobility issues that last years, can take you out of your favourite activity or sport for a lifetime and can also take a toll on your emotional and mental state. Injuries, however minor, can seriously impede your activities and quality of life, and if a negligent party is to blame, they should be held accountable. Additionally, it’s important to realize that when you win a personal injury case, the compensation owed to you likely isn’t coming directly out of the defendant’s pocket. Instead, it often comes from the insurance company that the defendant pays monthly premiums to for insurance coverage against such claims.

Misconception #2:

Filing a claim is too expensive

This is probably the biggest reason that people decide not to file a personal injury claim. While many people think this, it is a misconception. At Harrison Pensa, our experienced personal injury lawyers offer free consultations for new clients. This helps both the client and the lawyer understand the situation and look at the options. This free consultation will give you a pretty good idea of what costs might be involved in filing a claim.

It’s also important to note that if you have been severely injured by the negligence of someone else, you may not be able to afford not to file a claim. When you consider medical bills, prescription medication, lost income and other expenses, the cost of filing the claim can far outweigh the cost of not filing. Don’t let the misconception of high lawyer fees scare you away from seeking the compensation you deserve. In addition, our lawyer’s fees are paid from money recovered from a claim.  Our personal injury lawyers charge fees on a contingancy fee basis.  What this means is that our lawyers are paid only if we recover compensation for your claim and if so we are paid a fee out of the amount recovered and not directly from you.

Misconception #3:

I have a lot going on, I can wait to file my claim later

Waiting to file a personal injury claim can negatively impact your case when you do decide to file a claim. This is because you may not be able to go back and obtain the evidence you need to successfully resolve your case and it may be more difficult to remember the important details needed to pursue your claim. This evidence includes eye-witness testimonies, vehicle damage assessments, vehicle computer crash data, surface conditions and other important details from the scene where the incident took place. If you become injured due to the negligence of someone else, you should always take these immediate actions:

  • Seek medical attention and keep results and reports
  • File the incident with the appropriate authorities and obtain a copy of the report
  • Write down contact information for anybody who might have witnessed the incident
  • Document all details of the incident
  • Contact a personal injury lawyer

In Ontario, you may lose the right to sue for your personal injuries if you start your lawsuit more than 2 years after the date of the incident.There also may be shorter time periods within which to provide notice of a potential lawsuit to potential defendants and if you do not provide notice in time you may also lose the right to sue. To find out what limitation or notice periods may apply in your case isanother reason you should consult a personal injury lawyer as soon as possible after you have been injured.

Contact Harrison Pensa

If you’ve been injured by the negligence of another person or party, don’t let these common misconceptionskeep you from seeking the compensation you deserve. Schedule your free consultation with our experienced lawyers at Harrison Pensa today by calling at 1-855-744-9228 or emailing personalinjurygroup@harrisonpensa.com .

A word from our clients

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"My wife was involved in a very serious motor vehicle collision several years ago, and luckily she survived, but unfortunately she suffered some injuries."
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January 8, 2016

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HARRISON PENSA ™ is a full-service law firm representing private & business interests throughout southwestern Ontario.

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