Straight answers to the questions people ask most often about personal injury claims. This page is general information, not legal advice about your situation – for that, contact Graham directly.
Do I pay legal fees up front?
Most personal injury work is done on a contingency fee basis – you pay legal fees only if your case succeeds through a settlement or a win at trial. Lerners' standard contingency fee is 33%, and that is the most you will ever be charged in legal fees.
How long do I have to start a claim?
In Ontario, most civil claims must be started within two years of the day you knew, or ought to have known, you had a claim. But there are important exceptions in both directions. Some notice deadlines are far shorter – claims against a municipality for road or sidewalk conditions generally require written notice within 10 days. For civil sexual assault claims, there is generally no limitation period at all. The safest course is to speak with a lawyer promptly.
What is my case worth?
No honest lawyer can answer that at a first meeting. It depends on the severity of the injury, its effect on your work and daily life, and the evidence that develops. Ontario law also imposes special rules on motor vehicle claims. What Graham can do is give you a realistic assessment as the evidence comes in – and keep it current as your case moves forward.
Will I have to go to court?
Most cases settle without a trial, often at mediation. Graham prepares every case as though it will be tried – which is often exactly why it settles.
What should I do after a serious accident?
Get medical attention first. Then report the collision or incident, photograph what you can, keep records of your expenses and missed work, and get legal advice early – some deadlines are short.
What areas do you serve?
Graham acts for clients across Waterloo Region and Wellington County, including Kitchener, Waterloo, Cambridge, Ayr, New Hamburg, Elmira, Guelph and Fergus.