Personal Injury Lawyer Whitby

Personal Injury Lawyers Serving Whitby

Life is full of surprises. Dealing with unexpected challenges and emerging stronger on the other side can be an immense source of pride and wisdom. However, some experiences are too overwhelming to handle alone. When you suffer injuries in an accident due to another party’s negligence, rebuilding your life can require assistance from an experienced legal professional who knows how to secure compensation for your losses.

If you live in Whitby and have suffered injuries in a traffic accident, slip-and-fall, dog attack, or other incident where another party was at fault, the seasoned personal injury lawyers at Avanessy Giordano LLP are here to help. Our experienced legal team is ready to give you the support and advocacy you need to chart your path toward a brighter future.

Personal Injury Lawyers You Can Trust

At Avanessy Giordano LLP, we recognize the life-altering nature of personal injuries. We also realize that many large firms do not offer client-focused care that can make all the difference in your time of need. Michael Giordano and Aline Avanessy have experience working at such firms. When they founded Ava Gio, their goal was to bring their decades of combined experience to a firm that dedicates itself to compassion for clients and a commitment to positive results.

Understanding Personal Injuries

The days and weeks following a sudden injury can be overwhelming, and knowing how to exercise your legal rights can be confusing without the proper support. A solid understanding of personal injury law in Whitby can help you act confidently to protect your rights.

Personal Injury Defined

In Ontario, a “personal injury” refers to physical harm resulting from another party’s negligent or deliberate actions. When someone suffers a personal injury, physical pain is often just the beginning of the story. They may also experience financial and emotional turmoil due to resulting expenses, professional repercussions, and an inability to engage in the activities that are important to them. Filing a personal injury claim gives the injured party an opportunity to recover compensation for these losses and hold the at-fault party accountable.

Types of Compensation Available in a Whitby Personal Injury Case

Personal injury claimants may be eligible to recover two broad categories of compensation:

• Pecuniary damages – This category offers the injury victim compensation for financial losses stemming from the accident, such as medical expenses not paid by Ontario’s health care system, lost income, and legal costs. There is no limit to how much you may claim in pecuniary damages as long as the amount corresponds to what you have actually lost.
• General or compensatory damages – This category provides financial compensation for losses that may be more difficult to quantify, such as pain and suffering. Ontario currently caps the amount of pecuniary damages you may recover at around $400,000.

When the Injured Person Is Partially At Fault

It is crucial to note that Ontario follows the principle of contributory negligence in personal injury cases. Under provincial law, if a claimant’s own actions contributed to their injuries, the court can reduce the financial award by a corresponding proportion.

For example, suppose someone has a broken arm due to a bike accident with a distracted driver at night. Even if the court deems the motorist to be primarily at fault, they might assign ten percent of the blame to the cyclist if they did not have a functioning rear light. In this case, the court would reduce the cyclist’s final compensation award by ten percent due to the cyclist’s role in the accident.

The possibility of this type of reduction in your compensation is one of the most significant reasons you should work with a knowledgeable Ontario personal injury lawyer. They can gather the necessary evidence to build a case demonstrating why the other party is entirely or overwhelmingly at fault for your injuries and losses, thereby maximizing the compensation you are eligible to receive.

Benefits of Working with a Whitby Personal Injury Lawyer

The law does not require you to have a legal representative when you file a personal injury claim. However, those who choose to go it alone often experience disappointment. They may face unreasonable delays, unnecessary reductions to their claims, and even flat-out denials. This harrowing process can leave claimants feeling confused, frustrated, and alone.

Insurance Adjuster Tactics

One reason for such outcomes is that insurance companies are not on your side. Insurance adjusters are trained to find ways to avoid paying out claims, and injury victims may be vulnerable to their tactics. They might attempt to:

• Get you to unwittingly admit fault
• Undermine the evidence linking the accident to your injuries
• Use your public statements or social media activity against you
• Convince you to accept a quick lowball settlement offer before you recognize your claim’s true worth
• Delay the progress of your claim to pressure you into settling for less

These situations can be challenging for anyone unfamiliar with the claims process or Ontario personal injury law. Without professional legal assistance, you may end up with far less than you deserve.

What Our Team Can Do for Your Case

When you work with an experienced Whitby personal injury lawyer from Avanessy Giordano LLP, you will have a fierce advocate who can protect you from the insurance adjuster’s unsavoury tactics. We can build a strong case that maximizes your compensation potential by:

• Listening attentively and compassionately to your story
• Thoroughly investigating the incident that led to your injury
• Working with experts such as medical specialists and accident reconstructionists to bolster the facts surrounding your case
• Calculating the total value of the losses you have suffered due to the accident, including future costs as well as pain and suffering
• Negotiating with the at-fault party’s insurance company to secure a settlement that will cover the full extent of your losses
• Filing a personal injury lawsuit against the other party if insurance negotiations do not produce a favourable result

We recognize how challenging it can be to file a claim in the immediate aftermath of an accident, especially when injuries have turned your life upside-down. Our team will handle every aspect of your case while you focus on healing.

Injury Cases Our Lawyers Work With

The seasoned legal team at Avanessy Giordano LLP has the experience, knowledge, and skills to handle all types of personal injury cases.

Motor Vehicle Accidents

Ontario operates on a no-fault basis for car accidents. In this system, each motorist carries an insurance policy that will cover their crash-related expenses regardless of who was at fault. These may include:

• Out-of-pocket medical expenses
• Income replacement for missed time at work
• Attendant care expenses
• Caregiver expenses

While the province’s no-fault system is designed to accelerate the claims process and reduce litigation, it does not mean that car accident lawsuits are impossible. In cases involving severe injuries, legal action may be necessary to recover compensation for losses such as:

• Pain and suffering
• Reduced earning capacity
• Ongoing home maintenance

Whether you are seeking compensation from your own insurance or the at-fault party’s policy, a skilled Whitby car accident lawyer can give you the support you need for a successful claim.

Motorcycle Accidents

While all traffic accidents can cause severe injuries, motorcycle crashes involve factors that can make them particularly catastrophic or fatal. Unlike passenger vehicle occupants, motorcyclists lack seatbelts, airbags, and a protective frame. Filing a successful claim against the other driver requires a thorough understanding of how to prove fault in these cases so you can recover the often substantial compensation that may be available to you.

Spinal Cord Injury

The spinal cord is the part of your central nervous system that is responsible for relaying sensory and motor information between your brain and the rest of your body. Damage to the spinal cord can have severe consequences, including paralysis below the injury site. Survivors with paralysis of the lower half of the body (paraplegia) or the totality of the torso and limbs (tetraplegia/quadriplegia) will require assistive devices, home modifications, and long-term care not covered by Ontario’s health care system. In most cases, taking action against the at-fault party will be necessary because the victim’s statutory accident insurance benefits are insufficient to cover compensation for these needs.

Slip/Trip & Fall

Falls are far and away the most common cause of hospitalization due to injuries in Canada. Many of these incidents are preventable and occur only because another party has been negligent. Some of the most common scenarios include:

• Building owners failing to address problems such as broken stairs, faulty rails, or loose flooring
• Supermarket employees neglecting to clean up spills promptly
• Worksite managers leaving objects and debris in walkways
• Homeowners and commercial property owners leaving snow or ice outside their building entrances longer than is reasonably permissible
• Government entities not fixing broken sidewalks

When slips or trips lead to fall injuries, you have a right to hold the negligent property owner or other at-fault party accountable for your losses.

Product Liability

When an injury occurs due to a faulty product, the injured person may have the right to file a claim against the item’s manufacturer, supplier, or retailer. Product liability cases involve:

• Design flaws, which occur during the product’s conception
• Manufacturing flaws, which occur during the product’s construction
• Marketing flaws, which involve improper labelling, inadequate safety warnings, the absence of clear instructions, or misleading advertising claims

Automobile components, furniture, children’s toys, medical devices, and pharmaceutical drugs are among the most common products that cause avoidable injuries.

Dog Bites & Animal Attacks

Dog bites can cause severe and long-lasting physical and emotional trauma. In Ontario, the Dog Owners’ Liability Act holds dog owners at fault for injuries they cause to other people or pets. This law applies regardless of whether the dog owner took action to control the animal or knew that the dog was potentially dangerous before the incident. Working with our lawyers can help you secure the full compensation you need for your injury-related expenses, including counselling or therapy costs.

Traumatic Brain Injury 

While any type of injury can have significant consequences on the victim’s life, a traumatic brain injury can be the cause of lifelong physical, cognitive, and psychological difficulties. The long-term effects of a TBI include:

• Severe and chronic headaches
• Memory difficulties
• Personality changes
• Communication issues, such as slurred speech or loss of language
• Difficulty concentrating
• Lack of emotional regulation
• Sleep disturbances
• Loss of coordination
• Depression and anxiety
• Coma

Many of these outcomes require intensive medical care and rehabilitative efforts, many of which may entail out-of-pocket costs. If the TBI resulted from another party’s negligence, our team can work to hold them accountable.

How to File a Personal Injury Claim in Whitby

The personal injury claims process in Ontario involves the following steps:

Investigation

Your lawyer will gather evidence to determine the facts and begin building a solid case. Key evidence may include:

• A police report, if applicable
• Photos or videos of the accident scene
• Eyewitness accounts
• Medical records
• Expert witness opinions
• Insurance documents
• Receipts and bills for injury-related expenses
• Evidence of loss of income

Using this evidence, your lawyer can determine who was at fault and calculate the total value of your compensable losses.

Negotiations with the Insurance Company

Most personal injury claims are settled via negotiations between the injured party’s legal representative and the at-fault party’s insurance company. Your lawyer will send the insurer a demand letter for a certain amount, and the insurance adjuster will often counter with a lower offer. The process may go back and forth for several weeks or longer before all parties can agree to a settlement.

Mediation

If you are unable to reach an agreement with the insurer, Ontario requires you to use mediation before proceeding to a lawsuit. Mediation is a process by which a neutral third party helps you and the at-fault party reach a mutually agreeable conclusion to your dispute. Your lawyer will represent you during the mediation process, protecting your rights and fighting for your best interests.

Litigation

If mediation does not yield the results you deserve, you have the right to take the at-fault party to court. It is crucial to note that Ontario requires injured individuals to file a civil lawsuit within two years of the date they sustained or discovered the injury. The failure to act within this timeframe can result in the loss of your right to recover compensation. As such, it is crucial to seek legal help as soon as possible to avoid disappointment.

Why Choose Our Lawyers for Personal Injury Cases

Your choice of personal injury lawyer can significantly affect every aspect of your case. When you choose Avanessy Giordano LLP, you will have a team of compassionate professionals who put your needs first. Michael Giordano and Aline Avanessy keep the firm’s caseload modest to ensure they can provide the individualized support and care their clients deserve.

Michael and Aline understand that filing a personal injury claim or lawsuit can feel intimidating. However, our team does everything in our power to make the process as comfortable as possible as we work to maximize your compensation. We will keep you informed on critical developments in your case so that you can know what to expect.

CONTACT US TODAY

Fill out the contact form to the right if you would like to speak with someone about your case. After you hit submit, a representative from our office will contact you promptly.