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Frequently Asked Questions

How long will my case take?

There are a number of factors that affect the length of time that it takes to litigate a case.  The most significant factor is the rate of recovery from the initial injury.  Typically, people recover for 18 months to 2 years from the date of original injury.  In order to properly evaluate the quantum of damages in a case, we require the expert medical practioners that we retain to provide us with a prognosis for.  We cannot obtain a prognosis for the future until approximately 2 years after the original injury.  Once we have obtained a prognosis for the future, it typically takes approximately one year to move a case to trial or settlement.

How much will it cost?

Our fees are based on a percentage of your recovery in the lawsuit.  The percentage that we charge does not change with the size of the settlement.  In the event that we are unsuccessful in a lawsuit, we will not charge you fees or disbursements.

What happens when I am discharged from the hospital?

If properly utilized, accident benefits can pay for a wide variety of items and services that an injured person requires. It is important that your lawyer provides you with the right occupational therapist or case manager.

Should I talk to the insurance company before I have consulted with a lawyer?

No. All discussions with any insurance company should take place after you have consulted with a lawyer and been advised of your rights. Insurance company representatives fully understand if you provide your lawyer’s name and telephone number and request that all initial discussions be with your lawyer who can make sure you receive the help you will require.

How do I complete all the forms?

You shouldn’t. Completion of the forms the correct way requires skill and experience. The omission or incorrect usage of a phrase or a sentence can have long term detrimental consequences. The forms should be completed by an accident benefits coordinator.

What if my injuries prevent me from working?

You can receive income replacement benefits through your accident benefit insurance company. An income replacement benefit will pay 80% of your net loss of income up to a maximum of $400.00 per week. You may also be entitled to receive short term disability benefits and/or long term disability benefits through either a privately held insurance policy or a group policy of insurance purchased by your employer. Lastly, you may apply to Canada Pension Plan for a disability pension in certain circumstances. In addition to these benefits, you are entitled to claim for remaining loss of income in your lawsuit.

What benefits am I entitled to if I was not working?

If you were the primary caregiver for someone in your home before the accident and you are not able to continue providing care after the accident, you may be entitled to caregiver benefits of $250.00 per week. You may be entitled to an additional $50.00 per week for every other person you were taking care of before the accident.

Even if you were not the primary caregiver for someone in your home, you may be entitled to non-earner benefits of $185.00 per week beginning six months after the accident, if you are completely unable to carry on a normal life. You must be at least 16 years old to receive non-earner benefits.

What if I am a student and can’t return to school?

If you cannot return to school, you are eligible for a lost educational expense not to exceed $15,000.00 for expenses incurred before the accident for tuition, books, equipment or room and board.

What if I am a pedestrian or cyclist and don’t have insurance?

You are still entitled to receive benefits from the accident benefit insurance company or the Motor Vehicle Accident Claims Fund. In addition, you can start a lawsuit against the at fault driver.

What if I’m at fault for the accident?

You are still able to receive full accident benefits. If your injuries are serious, these benefits may be substantial.

Do I have the right to choose my own case manager and treatment providers?

You have the right to choose the person who will manage your care, treat your injuries and direct your rehabilitation. The right lawyer can help you make an informed choice.

More questions?

If you have a question that isn’t answered on this page of frequently asked questions, please call us toll-free at 1-866-685-3311. Our knowledgeable team would be happy to answer it for you.

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Serving Ontario from our offices in:

TORONTO | BARRIE | HAMILTON | KITCHENER

One Queen Street East. Suite 1620, Box 76, Toronto, ON M5C 2W5

McLeish Orlando

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About McLeish Orlando

McLeish Orlando is a Toronto personal injury law firm representing people who have been seriously injured and family members who have lost a loved one through the negligence of others. McLeish Orlando is a recognized leader within wrongful death and personal injury law. We represent people who have suffered brain injuries, spinal cord injuries and serious orthopaedic injuries. We strive for a fair settlement and the best possible results for our clients.

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