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Some of the Common Personal Injury Misconceptions and Myths

When people get involved in a personal injury accident, they will sometimes avoid calling an attorney because of the commonly held misconceptions people have about the legal process. If you are involved in a personal injury accident in the province of Ontario, then you owe it to yourself to get the best legal help available. Once you understand the truth about personal injury attorneys, you may be more inclined to get the assistance you need.

Myth: Whenever I hire a lawyer, I will have to go to court.

As soon as you allow your attorney to contact the insurance companies on your behalf, the negotiation process will begin. One of the things that often triggers a date in court is the insurance company’s unwillingness to offer what you and your attorney consider to be a fair settlement. Remember that you are the one calling the shots at all times. If you feel a settlement is fair, then your attorney will make the deal. If you feel that the insurance company can do better, then your attorney will prepare to go to court.

Myth: I have to pay my legal bills upfront.

A reputable Ontario personal injury attorney works on what its known as a contingency basis. In other words, your attorney does not get paid until you get a settlement you are happy with. In most cases, you will never have to pay your lawyer out of your own pocket if there is a settlement.

Myth: I can make my own deal and then hire a lawyer later if I feel cheated.

This is the most dangerous misconception that people who have been in a personal injury accident have about the legal system. If you decide to settle on your own and you agree to the settlement, then the case is over. There is nothing an attorney can do for you. That is why you need to get an attorney involved immediately and before you start talking to the insurance company. The same applies to personal injury cases that have not been settled. If you never went after an insurance company and there was no settlement for your injuries, then you may still have a case. Talk to an attorney and see if the statute of limitations has expired on your case yet.

Myth: I cannot fight the insurance companies because I was at fault in my accident.

It is not up to you to determine whether or not you were at fault in an accident. That is something that the insurance companies will determine after looking at the facts. If you are found to be 80 percent at fault for an accident, then you are still entitled to 20 percent of any settlement. People who assume that they have no claim in an accident are denying themselves money they are entitled to and money they may need.


For assistance with a personal injury and/or insurance claim, please email David Himelfarb at or call 1-855-446-7765, for a free case evaluation.

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