A personal injury can have a devastating effect on your life, causing long-term pain and suffering and leaving you with significant medical expenses. Victims often have trouble performing everyday tasks around the house and may be unable to work, creating a financial crisis. At the law offices of Greg Monforton & Partners, our Windsor personal injury lawyers genuinely understand the trauma that injury victims and their families can endure after a serious personal injury. We can help determine if the victim has grounds to pursue compensation for medical costs, outpatient treatment programs, pain and suffering, lost wages and other expenses related to the recovery of the injuries sustained. Our trusted law firm has recovered more than $150,000,000 for victims of a variety of personal injury situations. Founder Greg Monforton is a Law Society of Upper Canada Certified Specialist in Civil Litigation – this is a designation that has been given to less than two per cent of Ontario lawyers.
Your consultation is entirely free and comes with no obligation for you to pursue compensation. This means there is no risk to you in contacting us to discuss what happened and your potential options moving forward. Our office is located on Riverside Drive just a short walk from Dieppe Gardens along the Detroit river.
Steps You Should Take After a Personal Injury
As with any serious injury, it is very important for the victim to seek urgent medical care from a licenced and approved medical facility, to ensure that any injuries can be treated as quickly as possible. Doctors can conduct a thorough examination to discover all of your injuries and note them in your medical records.
Immediate medical treatment is extremely important for your future injury claim. It helps to link your injuries to the accident. If you wait to get treatment, not only could your injuries get worse or take longer to heal, the insurer and lawyer for the at-fault party could question whether the accident and your injuries are related. This can make the process of pursuing compensation more difficult than it needs to be.
Another important step after an accident is to try and document as much of it as possible. Simply using your cellphone camera can help you document various important parts of the scene, including:
- Obstacles or hazards that contributed to the accident
- Your injuries, including bloody clothes
- Property damage
- The location of the accident
If you see any witnesses, ask them what they saw and take notes. You should also ask them how you can contact them again. You or your Windsor personal injury lawyer might have more questions about the accident, so you need to know how to contact them again.
If the accident is covered by insurance, you should file a claim as soon as possible. Failure to do so could result in the insurance company denying your claim.
The next step you should strongly consider is talking to a lawyer about your legal options. Our lawyers can review your situation in a free, no obligation legal consultation to determine if you may be entitled to compensation.
Call our firm today at (866) 320-4770.
Advantages of Having an Experienced Lawyer
Unfortunately, many people do not know about the many benefits of working with a lawyer when trying to recover compensation for a personal injury. They may decide not to contact a lawyer over concerns about how much it will cost or because they think they can handle the situation alone.
However, there are some important reasons why you should strongly consider hiring a reputable Windsor personal injury lawyer:
The lawyers at Greg Monforton & Partners are ready to represent victims of many personal injury accidents, including:
- Car accidents
- Slip, trip and falls
- Animal bites
- Truck crashes
- Motorcycle wrecks
- Aircraft incidents
- Bicycle accidents
- Defective drugs
- Medical malpractice
These situations can result in many severe injuries, including:
- Traumatic brain injuries
- Broken bones
- Spinal cord damage
- Psychological damage
- Internal injuries
In most instances, a serious personal injury will prevent an individual from performing tasks or duties that he or she once performed on a regular basis, which can include work-related functions or even simple, day-to-day tasks.
At the law offices of Greg Monforton & Partners, our team of legal professionals has decades of experience helping injury victims and their families throughout Windsor and will work quickly to obtain the justice that you deserve. We have a history of getting results, including numerous settlements of more than one million dollars, including:
- $6.3 million for a car accident victim with a traumatic brain injury
- $2.25 million for a young girl hit by a car
- $1.468 million for a motorcycle rider who was injured in a collision with a car
- $1,037,913 for a man who suffered a head injury in a truck collision
Our Windsor personal injury lawyers know what to expect at each stage of the legal process and how to build a strong case as we pursue the compensation you are entitled.
It is also crucial to work with a lawyer who has a history of taking cases to trial. While it is true that many cases end up settling, sometimes it is necessary to go to trial. You want a lawyer who is prepared for this and knows how to present a strong case in court. If the insurance company does not want to offer fair compensation, and your lawyer is not prepared to go to court, he or she may end up accepting far less compensation than you need and deserve.
The experienced Windsor personal injury lawyers at Greg Monforton & Partners have extensive knowledge of the laws that apply to personal injury cases, including:
- Statutory accident benefits schedule
- Laws on filing claims against cities and municipalities
- Statutes of limitations
- Caps on certain types of damages
We have many years of combined experience applying these laws to individual cases. We have in-depth knowledge of the many details of these laws and are ready to bring all of that knowledge to your case as we pursue justice.
Contingency Fee System
When people think about hiring a lawyer, they often have concerns about how much it costs. However, things are different for many personal injury lawyers.
For example, at our firm, your consultation with our lawyers is completely free. You will not be billed for our services unless you receive compensation for your damages. We will explain more about this arrangement when you meet with a lawyer to discuss your case.
The contingency fee arrangement allows you to focus on pursuing the justice and compensation you deserve without worrying about how to pay for skilled legal representation.
Management of Your Case
There are many steps in pursuing compensation for a personal injury, no matter the situation that caused the injury. Managing these steps on your own is a tall order, particularly when you are dealing with an injury that causes physical pain and puts a strain on other aspects of your life, like your job.
This is why many injury victims choose to be represented by a Windsor personal injury lawyer who can manage every aspect of the legal process, including the investigation, negotiating with insurance companies, properly valuing your damages, and taking the case to trial if necessary.
Our lawyers want you to focus on what is most important: your health and recovery from your injuries. We will keep you informed throughout the process and let you know about anything you can do to help us.
We will carefully review settlement offers and you can rest assured we will not accept anything that does not fairly compensate you.
If you were injured because of another's negligence, contact our qualified lawyers today. We can determine if you are owed compensation, how much your claim may be worth, and the next steps you can take to protect your rights.
Fill out a Free Case Evaluation form today to get the process started.
Types of Personal Injury Compensation
There are various types of compensation you could recover in a personal injury claim, such as:
If you were injured because of another's negligence, you may be entitled to compensation for your medical bills, including hospital care, doctor bills, your out-of-pocket expenses and the cost of future medical treatment.
Injuries often make it difficult to return to work. You will probably miss some time from your job while you are recovering or while your doctor prohibits you from working. This can create financial trouble for a lot of people because their paycheques are not worth as much as before.
Fortunately, our Windsor personal injury lawyers may be able to recover compensation for the wages you lost as a result of your injury. This can help you and your family get through this difficult financial challenge.
If the injury is permanent, you may be entitled to compensation to make up for lost earning capacity from your injury. This can be a crucial part of allowing you and your family to move forward after the accident.
Our lawyers can help you obtain the documentation you need to recover all of your lost wages, including:
- Pay stubs from before your injury
- Employment records
- Calendar of missed days at work
- Relevant tax records
- Notes from your employer
If your car or other personal property was damaged in the accident, you might be able to recover compensation for the cost of repairs or for fair market value of the property.
Your injuries may prevent you from doing regular chores around your home. If this happens, you may pursue compensation for hiring someone else to do these chores for you.
Pain and Suffering
Your physical and mental pain and suffering from a personal injury can be significant and can affect your life now and into the future. For example, the injury may have caused permanent disfigurement or scarring, significant impairment of the function of a limb, or psychological problems.
Our personal injury lawyers in Windsor may be able to recover compensation for these problems. However, the Supreme Court of Canada has capped these damages at $370,000 for 2018. This number is adjusted each year for inflation.
Complete a Free Case Evaluation form today.
Deadlines for Pursuing Compensation
There are various deadlines for pursuing compensation for damages from a personal injury. One of the advantages of working with a personal injury lawyer in Windsor is that he or she will be aware of these deadlines and can help ensure they are not missed.
Personal Injury Statute of Limitations
The Ontario Limitations Act states that personal injury cases must be filed within two years of the date of the accident that led to your injuries. If you do not file within that time, you will lose your right to pursue compensation.
However, this section also says, "Unless this Act provides otherwise,…". There are various exceptions and aspects of this two-year limitation that you need to understand.
For example, a claim is discovered on one of the following dates, whichever one occurs earliest:
- The day a reasonable person with the abilities and in the circumstances of the person with the claim first should have known about the issues in the case
- The day the person with a claim first knew the following things:
- There was an injury, loss or damage
- The injury, loss or damage was caused by or was the result of an act or omission
- The act or omission was by the person the claim is against
- A legal proceeding would be appropriate for seeking to remedy the injury, loss or damage
The law will assume the person bringing the claim knows of the issues above on the day the act or omission took place, unless the victim can prove otherwise.
Deadlines for Car Accident Cases
The same two-year statute of limitations applies to car accidents. However, while some car accident claims are resolved by filing lawsuits, many others are resolved through insurance claims. There are several deadlines to be aware of when it comes to filing a car insurance claim:
- You have seven days from the date of the crash to inform your accident benefits insurer
- You must send an accident benefits application within 30 days of the accident
- If you intend to file a lawsuit, you must give the at-fault driver written notice within 120 days of the crash
- If you want to file a lawsuit to recover compensation for damage to your vehicle, you must do so within one year of the accident
Wrongful Death Lawsuits
When a loved one is killed as the result of another person's negligence, you may be able to take legal action to obtain compensation, such as funeral expenses, pain and suffering and lost wages. However, you must file a lawsuit within two years from the date of death.
Claims Against the Government
There are some personal injury cases where the injury was caused by government negligence, including the negligence of a government employee. When this happens, you must give written notice to the appropriate municipality within 10 days of your accident, according to the Municipal Act. Your notice needs to include details about the accident, such as date, time and location.
People often file lawsuits against cities or municipalities over icy walkways, poorly maintained roads or trains or street cars.
Cases Involving Minors and the Mentally Incapacitated
The two-year statute of limitations does not run when the victim is younger than 18 and is not being represented by a litigation guardian for the claim.
The two-year statute also does not run if the person with the claim is not capable of going through a legal proceeding due to his or her physical, mental or psychological condition and is not represented by a litigation guardian.
When you contact our Windsor personal injury lawyers, we will carefully review your situation to determine the deadlines that apply to your case. We know how to effectively use our time to help ensure things are filed before the deadlines pass.
Call Greg Monforton & Partners right now at (866) 320-4770.
What You Should Know About the Legal Process
The process for obtaining personal injury compensation often begins with filing an insurance claim, particularly if the case involves a car accident. You should notify your insurance company about the accident as soon as possible. Provide the basic facts and do not exaggerate or misrepresent anything, as this could cause problems down the line.
Once the insurance company is notified, it will begin an investigation. This involves many steps, including:
- Reviewing medical records
- Reviewing damage to personal property to determine the value of these damages
- Interviewing you and other witnesses
- Reviewing police reports
- Reviewing pictures and any video of the crash
- Visiting the scene to collect more information
The next step is to write a demand letter to the insurance company explaining the facts of the case, your injuries and the amount you think you should receive as compensation. Your Windsor personal injury lawyer can write this letter on your behalf after investigating and determining the fair value of your claim.
At this point, the insurance company reviews your demand letter and makes a decision on the amount of compensation it will offer. From there, you and the insurance company can negotiate a settlement.
This entire process could take anywhere from a few to several months. Settlement negotiations will not begin until you have reached the point where no medical improvement is expected. This could take a while if the injuries are really serious.
Filing a Lawsuit
If your lawyer is unable to obtain fair compensation from the insurance company, or there was no insurance compensation available for your injury, you may be able to file a personal injury lawsuit to pursue the fair compensation you deserve.
Your Windsor personal injury lawyer can review your situation and explain your options and what he or she thinks would be in your best interest moving forward. This is one of the many advantages of having a lawyer at your side as you move through this process.
The lawsuit process begins with your lawyer filing a Statement of Claim, which contains:
- Facts supporting your claim
- Parties involved in the claim
- How the accident happened
- The date of the accident
- The damages you are claiming because of the accident
After submitting the Statement of Claim, the other party responds with something called a Statement of Defence. Our Windsor personal injury lawyers then have the option of preparing a final pleading to reply to the defences.
At this point, you may be required to take part in mediation with the other side to attempt to resolve the situation. Your lawyer can help decide which mediator to pick. We will also work with the opposing side to help ensure an acceptable mediator is chosen.
Our Windsor personal injury lawyers will also give the other party's lawyer and the mediator a mediation brief that will include relevant information, including:
- Witness accounts
- Excerpts from the police report
- Excerpts from your medical records
- Other evidence that gives a compelling account of what happened
Our lawyers can represent you at mediation and work to negotiate a favorable settlement, but we will not accept unfair offers.
Your case will move to this step if mediation is unsuccessful. This step involves both parties providing copies of all documents that are relevant in a sworn affidavit. Our Windsor personal injury lawyers will explain what documents you need to collect, like medical records, vehicle repair records and your employment file.
Your lawyer can review this information along with whatever is provided by the other party, such as insurance adjuster reports and other information collected during the insurance company's investigation.
There will be a meeting called Examination for Discovery, where each party is questioned under oath by lawyers for the other party regarding the discovery of facts relevant to the case
This may be the last chance to settle before going to trial. We will present your case to the court and discuss any settlement offers that are received. We will also discuss the court's assessment of the case.
The final step is the trial itself, if your case actually reaches that point and does not settle beforehand. We know that the thought of going to trial is stressful, but we can keep you informed throughout the legal process and do our best to get your prepared. Our goal is to obtain the compensation you need and deserve so you can move forward with your life.
Contact a Windsor personal injury lawyer today by calling (866) 320-4770.
What Happens if You Are Partially at Fault?
There are often cases where the victim is somewhat at fault for his or her injuries. There was still someone else who was negligent, but the victim may have been able to prevent his or her injuries by acting differently.
When this happens, your damages will be reduced according to your per cent of fault for the accident. This means, if you are 10 per cent responsible, your total compensation amount will be reduced by 10 per cent. This is explained in the Negligence Act.
A common example of a case where the victim is partially at fault is if he or she was not wearing a seat belt at the time of a car accident. This could have seriously reduced the potential for injury in the crash. Someone else may still be at fault, but the victim is also partially responsible.
If you are partially at fault, our lawyers can review the situation to determine an appropriate per cent of fault. We want justice to be done so we do not want you to be assigned more fault than you deserve.
Contact Our Windsor Personal Injury Lawyers Today
Personal injury litigation can be a complicated process and at Greg Monforton & Partners, our team of legal professionals is compassionate to those that have suffered a serious personal injury due to the negligence of another. We can guide you through each step of the legal battle and will fight for your maximum injury compensation.
To learn more about how we can help to fight for your rights as a personal injury victim, contact us today at (866) 320-4770 and after some initial questions from our intake staff, you will be quickly connected to one of our lawyers.
For those that would prefer to start immediately, simply fill out the "Free Case Evaluation" form located at the top of this page – it is strictly secure and free to send.
With our office located in Windsor, Ontario, we also serve many towns and cities in Ontario including: