FAQ

FREQUENTLY ASKED QUESTIONS

How much will I pay my lawyer for fees?

If you don’t win Benjamin Law charges no fee. Benjamin Law’s fees are based upon a percentage of the overall settlement. The fee charged is on a contingency basis. That way, you will pay no fees unless we recover money for you.

How long will it take to settle my case?

We understand that you want to settle as quickly as possible.. Depending on the complexity of your case and the severity of your injuries the time will vary. For most motor vehicle and slip and fall accidents, it takes between 1-3 years in order to achieve a fair resolution. Generally, we wait until you have reached your maximum medical recovery. It is our obligation to you and your family to ensure that we fully appreciate the extent and severity of your injuries. We must also know the effect your injuries have on your future and your ability to work or function. In a wrongful dismissal claim, it usually takes between 6 months to a 1.5 years to resolve. Each case is unique and we use our years of experience to get you a fair settlement as soon as possible.

How long do I have to sue? Has time run out on my right to sue?

Each case is different as the answer to this question depends on when your accident or dismissal occurred. Call us immediately 1-855-899-4878 to find out how long you have to sue. The call is completely free and we’ll discuss your case.

How much will I get?

Predicting a specific amount is almost impossible. Our years of experience does give us a guild as to what settlement is reasonable If your case is going to be settled without a trial, at some point we will recommend a figure that you can accept in settlement. The decision whether to accept, is your decision and yours alone, but we at Benjamin Law want to provide you with the best information and legal advice to maximize your settlement.

Do I have a strong case?

This is often the first thing a client wants to know. Answering that question depends on the specific facts of your case. Please call our firm to discuss your case with one of our lawyers. We can give you an immediate indication of the legal validity of your case. The strength of your case is largely dependent on your evidence and other written documentation. The call is completely free.

Do you represent Insurance Companies?

No, we do not act for insurance companies as we are completely dedicated to representing victims of serious personal injury.

Will the Insurance Company continue to pay medical bills after we settle?

Once you have reached a settlement and the money has been paid and you have signed a release, you will receive no more payments. That is why it is imperative that your settlement take that into account. We can help guide your as to a proper amount. Any future medical costs must be included in the settlement with the insurance company.

Will I actually speak to a lawyer?

One of our family of lawyers will be delighted to speak to you. Not a legal secretary. Our firm prides itself for ensuring that our clients speak to a lawyer either immediately or soon thereafter.

What if English isn’t my first language

We have translators available to help. Just because English isn’t your first language doesn’t mean you should not be heard. Benjamin Law prides itself in providing translators so that your story is heard and fairly dealt with within the Canadian Justice system.

MOTOR VEHICLE ACCIDENTS

Can I sue for Pain & Suffering and Loss of Enjoyment of Life?

To sue for these damages you must prove that your injury “meets the threshold.” This can only be done if you have sustained:
Permanent, serious impairment of an important physical, mental or psychological function; or
Permanent serious disfigurement (i.e. Scarring)

What if my injury meets “the threshold”?

There is a $30,000.00 deductible from the amount of damages you would otherwise receive. However, the deductible does not apply to these damages if the award exceeds $100,000.00.

Do family members have the right to sue?

Yes. In the event of injury, family members can sue for their loss of care, guidance and companionship. These claims are subject to a $15,000.00 deductible. However, the deductible does not apply if the award for these damages exceeds $50,000.00.
In the event of death, family members can sue for their loss of care, guidance and companionship. In addition, they may have dependency claims for the loss of shared family income, loss of household services and many other damages.

How do the principles of meeting “the threshold” or the deductibles apply to loss of income?

They only apply when you are suing for non-pecuniary general damages.

How soon can you begin receiving loss of income?

You cannot receive any loss of income for the first 7 days after the collision

How much can your receive before and after trial?

Before trial, you can receive only 70% of your gross income (less any accident benefits or other collateral benefits received).
After trial, you can receive 100% of your gross loss of income.
In certain cases, you may have to assign over any future collateral benefits you are entitled to in the future. Benjamin Law will advise on the best course of action.

What are collateral benefits?

A collateral benefit includes payments for loss of income from another private or public plan such as income replacement benefits, long term disability benefits, or CPP disability payments.

What health care expenses can you claim in a tort action?

If you have sustained a threshold crossing injury, you are able to claim the cost of all medical and rehabilitation expenses incurred as a result of your accident, in excess of amounts paid or available from your own insurer

What are other pecuniary losses? Can I recoup them?

Pecuniary loss:
1. A loss that can be evaluated in money terms.
2. Money lost by a dependent when a support person dies.
A common example of “other pecuniary losses” is the cost of hiring somebody to perform your daily activities (e.g. household chores) that you are no longer capable of doing because of your accident.

SLIP AND FALL ACCIDENTS

What should I do after I have slipped and fallen on private property?

1. Figure out what you slipped on. Was it water, ice, snow or oil, etc.?
2. If possible take Photos. Large wide smartphone photos. Make sure they are not blurry. Use flash if necessary.
3. Photograph. the area you slipped or fell.
4. Get the address where you fell.
5. Photograph any witnesses. Get their name and phone numbers. Video record them if possible.
6. If the fall occurred on snow photo is there was any salt or sand in the area. Photograph the area thoroughly.
7. Photograph the general area. Was the area lit? Were there warning signs posted. Photograph any Address or nearby businesses.
8. Obtain the business owners name if possible.
9. Fully document your injuries
10. Before speaking to an insurance company representative. Contact us (1-899-855-4878).
11.Report and Document your injuries with a Doctor.
12. IF possible, keep your footwear and do not wear it again. Photograph your footwear, top bottom both sides

What should I do after I have slipped and fallen on City property?

There are a few extra steps you should take if you fell on City Property.

1. Notify the City or Township clerk within 10 days. Use registered mail.
2. Within your notice letter, specify the location of the fall, the cause of the fall, the date and time of the fall, and the injuries you sustained.