Answers to Frequently Asked Questions
Over the years we have found the following questions to be on the minds of people who suffer a personal injury or believe they have suffered a medical malpractice injury.
Questions
- Do I have a medical malpractice case?
- I heard that doctors won’t testify against each other. Is this true?
- Is there a timeframe within which a medical malpractice claim must be made?
- Is there a timeframe within which a birth injury / cerebral palsy claim must be made?
- Is there a timeframe within which a motor vehicle accident claim, fall or personal injury claim, product liability injury claim, or damage claim caused by a dog must be made?
- I was in a motor vehicle accident where I was not at fault. What if I have a pre-existing injury?
- I heard that the “threshold” of a motor vehicle accident injury is very high so it’s difficult to make a claim?
- Can I negotiate my motor vehicle accident injury claim on my own?
- What are the costs involved in pursuing a claim?
- How long will a medical malpractice case take?
- How long will a case take?
- What if the lawyer I consult decides not to take my case?
- How do I know if my medical malpractice case has merit?
- I fell on a city sidewalk, is it true I must notify the City in 10 days?
Q. Do I have a medical malpractice case?
A. A lot of people have the impression that if something goes wrong with a medical procedure, it’s easy to sue your doctor for big bucks. But medical malpractice cases are; in fact, extremely tough to win. You need to consider three factors to decide if your case is worth pursuing: liability, damages and who would pay those damages. (more)
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Q. I heard that doctors won’t testify against each other. Is this true?
A. This is a myth. Doctors are self-regulated; doctors want to make sure that other doctors meet the standards of care.
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Q. Is there a timeframe within which a medical malpractice claim must be made?
A. Typically, a victim of medical malpractice has a limited period of time (determined by the Limitations Act.) in which to file a medical malpractice claim in court, or they are forever barred from succeeding on their claim and from recovering. In general, this time period is 2 years most medical malpractice claims. Exceptions may exist in certain instances, but are fact-sensitive and require the analysis of a qualified lawyer to determine if they are applicable.
In addition, given the complexities of medical malpractice cases, and the need for a thorough medical and legal analysis, waiting until the end of the limitation period could lead to insufficient time thoroughly review of the case in a timely fashion. Anyone who suspects they may be a victim of medical malpractice should thus immediately contact a qualified lawyer.
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Q. Is there a timeframe within which a birth injury / cerebral palsy claim must be made?
A. The limitation to make a claim for a child begins when the child turns 18 years of age. The limitation is two years from the child’s 18th birthday. It is never too late to investigate a claim for a child with cerebral palsy. You owe it to your child to have the case investigated by a qualified lawyer and their team of medical investigative specialists.
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Q. Is there a timeframe within which a motor vehicle accident claim, fall or personal injury claim, product liability injury claim, or damage claim caused by a dog must be made?
A. Generally, the limitation period is (2) years from the date of the injury or damage.
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Q. I was in a motor vehicle accident where I was not at fault. What if I have a pre-existing injury?
A. It’s very rare to find a person who had no history of back pain or headaches prior to a motor vehicle accident. Pre-existing injuries do not necessarily eliminate a re-aggravation of that injury or your ability to make a claim. You do need to speak with a qualified motor vehicle accident litigator to see how a pre-existing injury may affect your claim.
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Q. I heard that the “threshold” of a motor vehicle accident injury is very high so it’s difficult to make a claim?
A. “Threshold” is a dynamic legal concept that is always changing. The fact is that the threshold is always fluctuating. Girones Lawyers reads current case law and can provide the qualified advice you need as to whether your case may meet threshold.
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Q. Can I negotiate my motor vehicle accident injury claim on my own?
A. Yes, you can negotiate your own motor vehicle accident injury claim; however, a qualified motor vehicle accident lawyer can probably get you higher compensation than you can on your own.
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Q. What are the costs involved in pursuing a claim?
A. Many lawyers who handle cases work on a “contingency fee” basis. This usually means that the lawyer will not charge the client an hourly rate for his or her services. Instead, the lawyer will be paid a percentage of any recovery that may result from a settlement, award, or judgment. With a contingency fee agreement, the lawyer is paid only if he or she is able to obtain a settlement, award, or judgment for the client. In addition, many of these lawyers also wait until the resolution of the case to recover for expenses (such as expert fees, discovery costs, and so forth). Thus, financial concerns should not prevent someone from immediately contacting a qualified lawyer.
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Q. How long will a medical malpractice case take?
A. Unfortunately, there is simply no way to answer this question. Some medical malpractice cases settle prior to trial, and some even settle prior to the filing of a lawsuit. Many, however, do not. When this happens, it can take several years to litigate a case to trial. Occasionally, there may be a need to appeal the results of the trial, thus extending the time required to resolve the case. One should understand from the start that it may take years for a medical malpractice case to reach final resolution.
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Q. How long will a case take?
A. There is simply no way to answer this question. Some cases settle prior to trial, and some even settle prior to the filing of a lawsuit. Some go to trial. Occasionally, there may be a need to appeal the results of the trial, thus extending the time required to resolve the case. It may take years or it may take months. There is also a risk with settling a case too soon, before the full extent of the injuries are revealed.
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Q. What if the lawyer I consult decides not to take my case?
A. Determining whether a case has legal merits or should be pursued often depends upon the professional judgment of lawyers and medical experts. It’s not uncommon for lawyers and medical experts to disagree over the merits of a particular case. Thus, if a lawyer decides not to take your case and you wish to pursue the matter, it is recommended that you consult with another qualified lawyer.
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Q. How do I know if my medical malpractice case has merit?
A. Each case is unique and turns upon the particular facts and circumstances of the case. Therefore, determining whether one’s case has merit usually involves a multi-step process. First, a qualified lawyer reviews the case to determine whether the type of injury suffered by the patient, and the conduct on the part of the health provider, rise to the level of a claim. At times, this requires review of your medical records, and consultation with physicians and other health care providers to assist in determining whether the actions of the health care providers fell below acceptable medical standards. The case may thus need to be evaluated from both a legal and a medical perspective. Many factors are considered in reaching a decision, including: whether the claim is barred by a statute of limitations, whether the health care provided fell below accepted medical standards, the potential for recovery, and the likelihood of being able to collect upon a judgment if successful.
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Q. I fell on a city sidewalk, is it true I must notify the City in 10 days?
A. Generally when a person wishes to make a claim against a municipality for the disrepair of a municipal sidewalk or highway they must give WRITTEN NOTICE to the municipality within 10 days of the accident. As such it is imperative to contact your lawyer right away.
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Girones Lawyers Helps People with Personal Injury and Medical Malpractice Cases in Ontario and Canada-wide
Girones Lawyers holds a high rate of success obtaining fair compensation for the people we represent. Our expertise is built on 40 years of experience handling medical malpractice, cerebral palsy and birth injuries (Canada wide), motor vehicle accidents, falls and personal injuries, dog bite attacks, product liability, disability insurance, wrongful dismissal, and victims of crime cases in Ontario, Canada.
Girones Lawyers represents injured adults and children in Alexandria, Arnprior, Attawapiskat First Nation, Barrie, Brockville, Cobden, Cornwall, Fort Albany First Nation, Hawkesbury, Hearst, Kapaskasing, Kashechewan First Nation, Kemptville, Kingston, Kirkland Lake, Moose Factory, Moosonee, New Liskard, North Bay, Ottawa, Pembroke, Perth, Prescott, Renfrew, Sault Ste Marie, Sudbury, Thunderbay, Timmins, Toronto, and Winchester; Ontario, Canada.
