Frequently Asked Questions

Q?If I fall on the sidewalk, do I really need to tell the City of Timmins within ten (10) days?
A.

Yes, whenever a person wants to file a claim against the municipality because of any blatant disregard of repairing a sidewalk or highway, that person must give written notice within ten (10) days. Therefore, it is vital to get in touch with your Timmins personal injury lawyer immediately.

Q?How can I find out whether my case of medical malpractice has any merit?
A.

Every case is a one-of-a-kind because of its circumstances and the facts involves. So, to find out whether a case has legal merits, several steps will need to be followed. First of all, a lawyer has to review the case and determine if the kind of injury that the patient suffered and the healthcare provider’s conduct match the claim’s overall level. Sometimes, medical records will need to be reviewed and other physicians and healthcare providers will need to be consulted for help in determining if the healthcare provider in question fell below the acceptable standards in the field of medicine. Therefore, the case might have to be evaluated by both medical and legal perspectives. A lot of factors will be taken into consideration before a final decision is made, such as whether a state of limitations bars the claim, whether the provided healthcare actually fell below the accepted standards in the medical field, the chances of collecting upon judgment if successful, and the recovery potential.

Q?What do I do if my lawyer of choice refuses to help me with my case?
A.

Finding out whether a case is legal or has to be pursued will usually depend on the judgment of medical experts and lawyers. Sometimes, medical experts and lawyers might not agree on a certain case’s legal merits, though. So, if your lawyer of choices doesn’t want to help you out, but you still want to pursue things, you will have to get in touch with another lawyer.

Q?How long do cases take, in general?
A.

This isn’t easy to answer. Many cases settle before trial, while others settle long before a lawsuit is filed. Some personal injury cases go to trial. And, every now and then, a trial’s results are appealed, as well, which will result in a longer amount of case preparation time that could take months or years to resolve. Sometimes, settling a case too soon might is risky, since the extent of certain injuries’ may not be immediately evident.

Q?How long do cases of medical malpractice usually take?
A.

Sadly, the answer to this question is hard to answer. Many medical malpractice cases in Timmins settle before trial, while others settle before a lawsuit is filed. Unfortunately, a lot of medical malpractice lawsuits go to trial. In these cases, it could take a few years for the case to be litigated. And, to make matters worse, every now and then, the trial’s results might need to be appealed, which will result in an even longer case. Therefore, you need to understand from the beginning that a case of medical malpractice could take years to be resolved.

Q?How much does pursuing an actual claim cost?
A.

Many Timmins personal injury lawyers charge for their legal services on a basis of “contingency fees”. This means that the lawyer doesn’t charge clients by the hour for their services, but charge for the recovery that could result from a clients’ settlement, judgment or award instead. With this agreement, Timmins personal injury lawyers only get paid once they negotiate a settlement, procure a judgment or gain award for their client. Some lawyers actually wait until a case is resolved before charging their clients for any discovery fees and expert fees as well. As such, you need not worry about expenses when getting in touch with a Timmins Girones personal injury lawyer for the first time.

Q?Is it possible to negotiate a car accident injury claim alone?
A.

Yes, it is possible to negotiate your car accident injury claim alone, but hiring a qualified car accident lawyer will most probably get you much better compensation in the end.

Q?Is it true that car accident injury “thresholds” are very high, thus making it hard to make claims for them?
A.

“Thresholds” are dynamic legal concepts, which constantly change and fluctuate. Girones Lawyers knows what the current case laws are and can thus provide good advice on whether your cases might meet those thresholds or not.

Q?I got into a car accident that wasn’t my fault. What do I do if I have pre-existing injuries?
A.

Most people who have experienced car accidents in the past have also had histories of headaches or back pain prior to them. This doesn’t mean that you are no longer allowed to make claims, though. Instead, talk to a qualified car accident lawyer and find out how your pre-existing injuries could affect your overall claim in the end.

Q?Do car accident, product liability injury, dog damage, personal injury or fall claims need to be filed within a certain period of time?
A.

In general, the period of limitation stands at two years from the damage or injury date.

Q?Do cerebral palsy or birth injury claims need to be filed within a certain period of time?
A.

Claim limitations for children begin when a child turns 18 years old – two years from their 18th birthday, to be exact. But don’t wait, your children deserve to have personal injury cases go through investigations by medical investigative experts and qualified lawyers.

Q?Do medical malpractice claims need to be filed within a certain period of time?
A.

Victims of medical malpractice have a limited amount of time to file their claims in a Timmins court; and if that deadline is not met, medical malpractice victims may be completely banned from filing a lawsuit. This time limit is determined by the Provincial Limitations Act, but it is usually at a maximum of two (2) years after the event that claimant may file a medical malpractice complaint. All Timmins medical malpractice cases require the assistance of a qualified medical malpractice personal injury lawyer who can analyze and determine whether any limitation exceptions apply or not to a specific case.

Q?Somebody told me that doctors refuse to testify against one another. Is there any truth to this?
A.

This isn’t true. Doctors happen to be self-regulated and their number one goal is to ensure that all of the other doctors out there follow the necessary healthcare standards.

Q?Is my case a case of medical malpractice?
A.

Many people seem to think that they can easily sue their doctors for a lot of money if mistakes are made during a medical process. However, the truth is that these cases are very hard to win. Because of this, you will have to take three specific factors into consideration before trying to pursue the case at all: the damages, the liability, and who will have to pay for the damages.