Toronto Amputation Lawyer
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An amputation caused by an accident can be utterly devastating and can have profound effects on the victim and his or her family. Life may never be the same as it once was. Medical bills pile up. There are also significant financial costs associated with amputation injuries. If you or your loved one became an amputee due to an otherwise preventable injury or in a car or motor vehicle accident, you may be entitled to a significant amount of compensation, with the help of a Toronto amputation lawyer. To discuss your case and the steps you should take, consult with a Toronto personal injury lawyer today.
Seeking Recovery
Often, an amputee may not realize that there may be other forms of compensation available to them. If someone is hurt in a motor vehicle accident, there are significant benefits provided for under the Statutory Accident Benefits system. You can obtain, among other things, up to $1,000,000 for medical and rehabilitation treatment, $1,000,000 for attendant care, up to $100 for housekeeping and home maintenance, and even up to $400 per week for income replacement benefits. In addition, your amputation lawyer in Toronto may have a claim against the at-fault party who caused the accident for your pain and suffering, past and future income loss and even future medical treatment which will be required for the remainder of your life over and above what you will receive under the Statutory Accident Benefits system.
In other circumstances, for instance, in a trip and/or slip and fall accident, you may have a claim against the property owner or occupier who caused you to fall or injure yourself. Although there are no Statutory Accident Benefits in most trip and/or slip and fall accident claims, you are still entitled to compensation for pain and suffering, past and future income loss, and even future medical treatment which will be required for the remainder of your life. These amounts can be significant.
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Potential Damages
One of the most concerning aspects associated with any amputation, are significant financial, physical and emotional costs. Medical care costs, not covered by the Ontario Health Insurance Plan, typically start before the amputation is performed but they do not usually stop after the procedure. Ongoing medical care costs are common with amputations. Often medical care costs associated with an amputation may last for the duration of an amputee’s life. Furthermore, rehabilitation, attendant care, occupational therapy, home modifications, and/or housekeeping and home maintenance may also be required.
In many cases, an amputee will require a prosthetic in order to compensate for the loss. Prosthetics can cost from $5,000 to over $100,000 depending on the circumstances of the amputee’s case. Insurance and health care plans often times do not cover the entire costs associated with a prosthetic and of course, there are many different forms of prosthetics, some of which are covered and others not. Moreover, prosthetics are typically not a one-time occurrence. On the contrary, is it very common for an amputee to need to replace his or her prosthetic multiple times over a lifetime.
Other Damages
In addition to the medical care costs, amputees are often times faced with challenges in the workplace. Optimally, the amputation will have no affect on a worker’s ability to do their job. However, in many cases an amputee may not be able to perform the required tasks for their job due to their amputation and will require worksite accommodation and modification. In this situation, the best-case scenario is that an employer may choose to reassign the person who has had an amputation to a new job. This is another cost to amputees because this may have an impact of reducing the likelihood of advancement within their employer’s company and also may have a negative impact on their overall pay. In the worst-case scenario, a return to work may not be possible which would, unfortunately, lead to the elimination of the worker’s pay altogether.
Other financial costs that can be overlooked with amputees is the costs that are necessary to conduct their daily lives in an ordinary fashion. For example, someone who has had an amputation of one, or both, of their legs may need to use a wheelchair for part, or all, of the day. When this occurs, the amputee will need to make additions or changes to their residence in order to accommodate their wheelchair. Home modification, which can include ramps, wider halls, and lower sinks are just a few accommodations that may be necessary and can be taken into account with the help of a Toronto amputation lawyer.
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Download Our "Slip and Fall Lawsuits in Ontario" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how personal injury claims work.
This ebook will:
- Provide you with a solid foundation for understanding your rights and obligations as an injury victim
- Help you understand the nature of Slip and Fall accidents and injuries, including the Occupiers’ Liability Act in Ontario
- Teach you how to hold a property owner accountable for your injuries
- Explain the evidence you’ll need to support your case
- Demonstrate how you can strengthen and protect your claim
- Describe how to find the right lawyer for your case
- Clarify how a lawyer can help you hold negligent parties liable for their actions
- And more
Download Our "Car Accident Lawsuits in Ontario" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how car accident claims work.
This guide to car accident lawsuits in Ontario will help you:
- Understand your rights after a car accident in Ontario
- Learn how and when to file a lawsuit against an at-fault driver
- Explore the types of damages you can pursue, including pain and suffering, loss of income, medical expenses, and more
- Identify the key steps in a car accident claim
- Know what kind of evidence to collect to strengthen your claim
- Understand how limitation periods and other legal deadlines will affect your claim
- Discover how a personal injury lawyer can help you on your legal journey to compensation
- And more
Download Our "Statutory Accident Benefits Schedule" E-Book
Here’s an e-book you might find useful if you’re interested in learning more about how accident benefit claims work.
In this ebook, you’ll learn about:
- How to apply for Accident Benefits
- Eligibility requirements for Accident Benefits
- Benefits and compensation available to workers and non-earners
- Benefits and compensation for caregivers of injured individuals
- Benefits available for medical and rehabilitation expenses
- Benefits available for death and funeral expenses
- The difference between minor injuries and catastrophic impairment injuries
- How a motor vehicle accident lawyer can help you ensure you receive all of the compensation you’re entitled to through SABS
- And more
More personal injury Video Resources
We also have some videos on the topic of personal injury claims
personal injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.
Got more questions?
If you have more questions or need legal help regarding personal injury claims, contact our legal team for help.
We’re happy to help.
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