Burlington Disability and Other Personal Injury FAQ's

In addition to advocating on behalf of our clients, at Martin & Hillyer we ensure that our clients are informed of and understand the litigation process - knowledge is power. With that goal in mind we have devoted this page to address frequently asked questions.

Do I have to pay for the first interview?
No. The first interview is free.

Do I need a lawyer?
This is a question which we address at the first interview. If you do not need a lawyer we will tell you. Our goal is to help you understand your rights, responsibilities and the legal process.

How much is my case worth?
The answer to this question will depend on a number of things such as the circumstances of the accident, your injuries, lost wages, future medical expenses, and your recovery. As your claim progresses we will keep you informed about the value of your claim.

Will I have to go to court?
Maybe. Most cases settle before trial. Our job is to prepare your case for trial by performing such work as investigating the cause of the accident, obtaining medical reports, hiring wage loss economists and future care cost experts, interviewing witnesses, etc. We will advise about the pros and cons of any settlement offer in order to ensure that you can provide us with informed instructions about whether to proceed to trial.

What are contingency fees?
A contingency fee agreement means that you do not have to pay legal fees unless we are successful in pursuing your claim. We represent most clients on a contingency fee basis.

What is the limitation period?
A limitation period is the time in which a lawsuit must be commenced. In most cases the limitation period is two years from the happening of the event (e.g., accident). The limitation period can be less than two years, however. You should speak to a lawyer as soon as possible in order to ensure that you do not miss the limitation period.

Why do personal injury law suits take so long?
Often the longest delay in a personal injury claim is our client's own recovery. What at first may seem as a routine injury may with time develop into something quite serious. The onset of post-traumatic arthritis is a frequent occurrence. You only get one opportunity to ensure full compensation for your injuries. We will not resolve your claim (whether through settlement or trial) until we are armed with expert opinions about what the future will hold for you.

What is Mediation?
Mediation is usually a face-to-face settlement meeting which is conducted by an independent person (the mediator). Participants at mediation include the plaintiff, his/her lawyer, the defence lawyer and, typically, the insurance adjuster. Mediation is often effective in settling claims.

My LTD insurance company has terminated my benefits. It has invited me to "appeal" its decision - should I?
We typically advise suing the LTD insurer immediately instead of "appealing" its decision to deny benefits. The "appeal" is not heard by an independent person. Your "appeal" is often considered by the same adjuster who denied benefits in the first place! The insurer "appeal" process often results in further delays, further denials, with resulting increased financial stress for the injured person.

Should I apply for the CPP Disability Pension?
You may be entitled to receive a monthly disability benefit from the Canada Pension Plan if you have suffered a severe and prolonged disability. We encourage clients to apply for this benefit. Many disability insurance contracts require the injured person to apply for this benefit.

Should I attempt a return to work?
Absolutely - if your healthcare providers are in agreement with your decision. A return-to-work attempt will not necessarily jeopardize the payment of wage loss benefits. Before making an attempt to return to work you should speak to a lawyer in order to ensure that your wage loss benefits remain available to you.

I was hurt outside of Ontario can you help?
Yes. Often we work with lawyers from other provinces and countries in prosecuting claims for injuries suffered by Ontarians visiting other jurisdictions.

Can I sue for assaults and/or sexual assaults?
Yes. There may, however, be financial reasons why suing is not the most economical way to address these claims. Your lawyer will be able to guide you as to the best route to take to address your claims against those responsible for your injuries.

Can I sue for injuries caused to me by doctors?
Yes. In order to determine if the doctor was negligent we must consult with other doctors (experts) to obtain evidence as to whether your doctor was negligent or not.