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Author: Averill

Baker Law Office - Car Accident Lawyer > Articles posted by Averill

What do you do when you get in an accident?

It's always unexpected. You find yourself in the middle of a busy intersection after having been hit from behind by another vehicle. You never expected it would happen to you. What do you do? Certainly it's too early to call a lawyer! Here's what we always advise and in hindsight what we wish our clients had done at the scene of the accident: At an absolute minimum, you need to get the name and address of the driver who hit you and the name of their insurance company. If they don't have the policy number handy that's fine but we need the name of the...

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If your claim isn’t settled in two years then it’s gone?

It is the job of your lawyer to file a certain legal document within two years of your accident if it hasn’t already been settled. If your lawyer forgets to do that then your lawyer has failed you. Simply put, if your case is straightforward and the other side has already admitted it was their fault and you know the extent of your injuries within about a year of your accident, there is no reason why your lawyer cannot settle it out of court within two years of the accident date. However, if the other side is being unreasonable and...

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How much is my claim worth?

We get this question all the time from our clients. The simplest answer is this: the value of your claim is mainly determined by how serious your injuries are, how seriously they have impacted your day-to-day living, your ability to make a living, and the amount of pain and suffering you have gone through. Other factors that affect the amount of money you get would include the prognosis that your doctor gives in his or her formal medical opinion. For example, if the doctor predicts a high likelihood of flare-ups or pain, then that claim is worth more than a case...

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What is an Insurance Adjuster? I was in an accident and one called me to ask some questions…

If you’ve been in an accident, the bottom line is you need a lawyer as soon as possible. That’s because you shouldn’t be expected to know the law – that’s our job. Generally, we will tell you to only speak to the adjusters from your own insurance company. Once you’ve hired us, we will deal with the adjusters who represent the driver who was at fault. The main thing is you hire us as soon as possible....

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How much does it cost to hire a personal injury lawyer?

If the collision was not your fault, Baker law office will never expect money up front from a personal injury client .. Baker Law will do a free consultation to help you and let you decide whether you would want to have our Law Firm Repersent you as one of our Personal Injury Clients as one. How do we get paid?          We take 25% plus HST of the entire amount that we manage to get for you. We also reimburse ourselves at the end of your case for any charts or medical reports (sometimes called disbursements) that...

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How long does it take to settle a personal injury claim?

A huge amount of time can be saved if it is determined at an early stage that the accident was not your fault. You may have heard stories of people who’ve waited 6 and 7 years to settle their claim and typically in situations like this it was difficult to determine exactly who was at fault. For example, if there was an issue with the operation of a street light at an intersection and both drivers claim that they had a green indicator, one of the drivers' insurance company may sue the city and claim that the city was at...

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I think I am 50% at fault for the accident – that’s what the insurance company is saying.

If the insurance company has told you this you can still get some compensation for your injuries as the accident was not entirely your fault. Insurance companies have internal rules and codes that they use to determine liability. Apart from the fact that the insurance company could be wrong, you can still get some compensation here, and it is certainly worth your while to come to us and start your claim....

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If I go to court will I get more money?

When we deal with insurance companies about what a claim is worth, we always quote case law. Case law are decisions from Judges after car accident victims took their case to court and went through a trial. If that happens, a judge will decide the amount of compensation you should get for various kinds of damages. For example, an amount of money will be awarded to reflect the amount of pain and suffering that you went through. The judge may also award something called "special damages" which reflects actual expenses that you had to endure as a result of your...

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How often should I speak to my personal injury lawyer?

We ask our clients to update us on their injuries by email as often as possible. The reason is, we keep an email file folder for each client and when we are drafting your proposal we have a complete written record which reads like a diary of the symptoms you were personally experiencing. Some clients prefer not to email us and in such a case they will call us instead and talk over the phone about their symptoms and we write this down and keep our own chronological diary in your file. Simply put, we like to hear from you as often as you...

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