Da Silva Legal Services Professional Corporation
Mississauga Personal Injury Lawyer
This is where your recovery starts
Following an accident and sustaining serious injuries, you may be subjected to a number of complications and challenges including physical pain, emotional and psychological suffering as well as financial constraints.
We understand that this is a really challenging time in any accident victim’s life. having to struggle to get medical care, coming to terms with the reality that the injuries have limited you from going to work and doing things you once loved, and struggling with the financial constraints as a result of the bills that need to be settled and other responsibilities from your dependants.
Good news however is that Ontario is offering accident victims a means through which they can seek compensation for the damages and injuries sustained. The channel is all about filing for a personal injury claim as soon as possible and a number of professionally experienced Mississauga personal injury lawyers will come in to ensure you get the fair compensation to which you are entitled.
At Da Silva Legal Services Professional Corporation, our personal injury lawyers will listen to your story, evaluate the case, analyze the facts of the case, collect evidence, get in touch with the particular insurance company involved and pursue litigation where and when necessary.
Determining negligence and proving liability in a personal injury accident
Personal injury claims usually revolve around determining or proving that another person was negligent or acted in a reckless manner causing someone else’s accident resulting in various damages and injuries. It is therefore true that any type of accident caused by someone else and resulting in various injures and damages to another person, then the affected individual may qualify to file for a personal injury claim aimed at getting recovered for the injuries and damages sustained.
For instance when one is involved in a car accident, Ontario’s car insurance laws allow victims to seek accident benefits regardless of who caused the accident. However, in the event they prove that another driver was at fault and indeed caused the accident, then they may file for a tort claim to have the person at fault take responsibility in the case thus entitled to more compensation through a third party personal injury claim.
In the case of a slip and fall accident, you can file for a personal injury claim against the owner or manager of the property in question following their negligence or act of recklessness in not looking into the safety of the property and not correcting known hazardous conditions such as poor lighting and poorly maintained path ways and walk through.
In order to prove liability in any personal injury case, you or your Mississauga personal injury attorney will be tasked to prove the following crucial elements;
- The defendant owed the plaintiff a duty of care
- The defendant acted negligently in not exercising that care
- As a result of the defender’s negligence, the plaintiff suffered injuries
- The plaintiff suffered other damages related to their injuries including loss of income, family care and companionship among others
Considering the fact that insurance companies will build a tough case against the plaintiff’s, they will try as much as possible to demean the case and refute one or more of the mentioned elements of prove. For instance, the insurance company lawyers may refute the fact that the injuries sustained were as a result of the defender’s negligence or even argue that despite the fact the plaintiff was injured, the injuries are minor and so on.
It is for this reason that Mississauga personal injury lawyers working with other professional experts like accident reconstruction experts and case investigators among others are crucial. Working together, the various professional experts involved will come up the necessary evidence that cannot be refuted by the defendant’s lawyers.
The insurance company lawyers in their defense may as well argue that the victim also played a role in causing the accident or worsening the injuries involved. In case they become successful in this, the insurance company may get remedy by lowering the amount of compensation to be paid out.
Our Da Silva Legal Services Professional Corporation personal injury lawyers will come in to help you in defending against such allegations of contributing fault. They will always work with determination to prove the defender’s fault through expert testimony, accident reconstruction and presentation of other evidence available to address the allegations of their client’s own fault.
Your role as the plaintiff
As Mississauga personal injury lawyers work in managing the legal aspects of your case in terms of collecting evidence to prove liability and damages, negotiating with insurers and battling it out in a court of law, as the client, there several things needed of you. Some of them include;
Continue seeking medical care from your doctor and remember to keep a proper record of the same. The records are essential when calculating the value of damages.
Ask the insurers to talk to your lawyer. Some of the insurers are tricky and may try to lure you into accepting a much smaller amount of compensation that what you are rightfully entitled to. In case they start contacting you, redirect them to your personal injury lawyer who will answer all their questions and respond to their concerns.
Keep all items damaged from the accident including clothing, laptops and phones among others. You can as well put the items damaged in a file including all other paper records from the doctor as well as the insurance company and tow truck among other things that may be related to the accident. Also remember to keep and maintain all emails related to the accident as they may become useful when building up the case.
The complex role of personal injury lawyers is not necessarily in filing and presenting your case but rather, in gathering, preparing and presenting evidence that proves liability of the defendant as well as the extent of the injuries sustained, how the injuries will affect your ability to work and provide care to the dependants. All these are presented in a manner that proves the value of the expected compensation.
In Mississauga, the damages are divided into two broad categories; economic and non-economic. In the economic damages include;
- Past and future income losses
- Medical expenses
- Ongoing rehabilitation care costs
- Property damages
- Home maintenance and housekeeping service-related costs
On the other hand, non-economic damages involve psychological and emotional damages that may not be physical such as pain and suffering.
Contacting a personal injury lawyer
At Da Silva Legal Services Professional Corporation, our professionally experienced Mississauga personal injury lawyers handle all cases on contingency fee basis. You will therefore not be demanded to pay even a single coin before the case is determined and a favorable compensation awarded to you.
Contact our Mississauga office today and if, for one reason or another cannot manage, give us a call and our personal injury legal team will come to you. If you are looking for a premier Mississauga personal injury lawyer, don’t look any further!