Frequently Asked Questions
If you or a family member has been seriously injured, a personal injury case can seem overwhelming. The Oatley Vigmond team will help you through the process. Here, our personal injury lawyers provide context about the process, and what to expect.
You don’t have to pay anything to hire a lawyer. Oatley Vigmond charges a contingency fee, which means that we charge a percentage of whatever you, the client, recovers. Our firm covers all the expenses required to build up the case. You don’t pay anything unless your case is successfully resolved.
When your case settles, or after a successful verdict, Oatley Vigmond charges a contingency fee, which is a percentage of the amount recovered.
The amount of the contingency fee depends upon the type of case you have. In most cases, the maximum contingency fee that is charged on settlement is 30% of the amount recovered. In medical malpractice cases, which tend to be complicated, the maximum contingency fee that is charged on settlements is 35%. In cases that proceed to trial, the maximum contingency fee that is charged is 35% of the amount recovered.
For more information on contingency fees, please refer to the Law Society of Ontario’s online guide, Contingency Fees: What You Need To Know.
When choosing a lawyer, research their experience, meet with them, and don’t be afraid to ask the tough questions. Have you taken a case to trial? What’s your largest settlement? Will you be working on my case personally? You want to walk away from that meeting with a strong level of comfort and confidence in that individual. If you don’t have that, you don’t have the right lawyer.
Complex cases involving multiple parties can take longer to resolve. The type of injury is also relevant to how long it will take to resolve your case. No two cases are the same and each case must progress at its own pace. Oatley Vigmond tries to stress the importance of being patient: you only have one opportunity to properly resolve a personal injury case.
We often get asked this question by clients who have been injured either as a pedestrian or as a passenger travelling in a vehicle, usually because they don’t own their own vehicle and therefore don’t have an insurance policy. It’s important to retain a lawyer who knows the intricacies of insurance law to ensure that you have access to important benefits as soon as possible.
At Oatley Vigmond, our accident benefit specialists used to work within the insurance industry and know the ins and outs of the system better than anyone. They will guide your accident benefit claim; that can mean liaising with the insurance company or submitting all of your required forms so that you receive payment promptly and can focus on whatever you need for your recovery.
We make sure you have the right people involved your case so you can heal. Oatley Vigmond can help you find the right treatment, whether that be an occupational therapist, a physiotherapist, or perhaps a social worker. We’ve worked with these people for years and we’ve seen the results of their work, so we know who is going to help you in your recovery.
When injured in a slip and fall, it’s important to get medical attention immediately—even if your injuries don’t seem significant. Once you have the medical attention you need, you should contact a lawyer. For slips and falls, there is only a short timeline to contact the person who owns the property on which you fell. Not contacting them within the timeframe can complicate your claim later on.
Medical malpractice litigation is unlike any other type of litigation. It’s highly specialized. You need someone who knows the field, knows the doctors, and knows the medicine. The most important thing for someone who thinks they may have a medical malpractice claim is to find a seasoned medical malpractice lawyer—someone with experience in the field and who knows what it takes to win those cases.
Insurance companies will settle more fairly with lawyers who have extensive trial experience and a reputation for taking cases to trial and winning those cases. Trials can be costly and risky, and an insurance company that decides not to settle a case before trial may end up having to pay twice the amount of money. Choose a personal injury lawyer that is respected by judges, other lawyers, and most importantly by the insurance companies.
If you’re involved in a motor vehicle collision and can no longer work, you have access to accident benefits through your own insurer. Accident benefits provide coverage for a number of things, including income replacement. These benefits are payable regardless of who is at fault. If you are injured as a result of somebody else’s negligence, there may also be lost income paid to you when the litigation concludes through settlement or trial.
If you’ve been seriously injured in an accident and need to commence a lawsuit but the other driver doesn’t have an insurance policy, you would still sue them—but your own auto insurance company would respond to that claim and pay it out. Rest assured that even in situations where the other driver does not have auto insurance, there are protections in place for situations exactly like this.
At Oatley Vigmond our clients are our number one priority. Throughout the litigation process we like to make sure that you’re informed from start to finish. Regardless of whether your case goes to trial or not, from the very beginning we treat your case as if it is and prepare accordingly. We want to make sure that you receive the compensation you deserve.
After you seek medical attention for a marine or offroad accident injury, consider consulting a lawyer. Every case is unique and often depends on the type of vehicle involved, like a golf cart, snowmobile, jet ski, boat, or e-bike. There may be insurance that applies to these vehicles and benefits payable to you. There may also be an at-fault party responsible for having caused the injury and those entities may be insured.
Probably not. In fact, most cases never go to trial. But if your case is one that does go to trial, you want to make sure that you have a team with a track record of successful cases tried. Oatley Vigmond has a solid track record of success at trial; if you’re looking for a lawyer with a lot of trial experience, you’ll find them here.
Two factors dictate how much your case is worth: one is whether there’s liability on another party and the other is damages. There are usually three kinds of damages: pain and suffering, loss of income, and cost of care. If you’ve suffered a catastrophic injury, then the compensation you’re entitled to is the amount you would have made if you weren’t injured.
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