Injury Lawyers: Compensation for An Injury

Heidi Bergeron | | Personal Injury Law

If you are injured as a result of someone else’s negligence, you may be entitled to compensation. A skilled injury lawyer will ensure that you receive maximum recovery for your injuries.

Know Your Opponent

Compensation is usually paid by an insurance company. In a motor vehicle accident, for example, your insurance company is responsible to pay Accident Benefits, and the at-fault driver’s insurance company is responsible to pay your damages or compensation.

Insurance companies often advertise that they will protect your interests (“you are in good hands”, etc.). It is important to keep in mind that all insurance companies are in business to make a profit. It is contrary to the financial interests of an insurance company to maximize payments to claimants.  

Insurance companies hire skilled lawyers well-versed in the relevant legislation, case law and legal procedures. The unrepresented Claimant has little chance of receiving maximum compensation, or sometimes even fair compensation, without a skilled advocate representing his or her interests.

How Plantiff’s Lawyers Are Paid

Plaintiff’s lawyers are typically paid on a “contingency fee” basis. The usual contingency fee is 30 – 33 per cent of your settlement – which is paid if, and only if, your case is successfully resolved.

A reputable Plaintiff’s Lawyer will also pay all of the up-front costs of managing your case. These costs are called disbursements.

Some common disbursements include:

  • Medical experts opinions
  • Liability experts (engineers) opinions
  • Medical reports
  • Court costs
  • Court reporter fees

Disbursements can range from $5,000 on a modest case, to $300,000 and more, on a substantial case.

Plaintiff’s lawyers invest both their time, and their money, in your case. For that reason, Plaintiff’s lawyers are careful about what cases they take on.They are also motivated to win, and to maximize your recovery.

Finding a Good Plantiff’s Lawyer

Not all injury lawyers are created equal.

1. Reputation: Do your homework. A quick Google search may reveal that the lawyer you were thinking of retaining is subject to disciplinary hearings at the Law Society, or otherwise receiving negative online publicity. Ask a non-injury lawyer from your local law association which injury lawyer they would recommend. 

2. Communication: “Failure to communicate” is the most frequently reported complaint made about lawyers, according to the Law Society. In your initial communications, be satisfied that your lawyer and her team are easy to talk to, available, and responsive.  

3. Skill: How long has your lawyer been in practice? Does she express herself in language you can easily understand? Is she convincing when she speaks to you? Does she seem to have a clear grasp of the issues you face and the law as it applies to those issues?  

4. Fit: There are thousands of lawyers to choose from. Make sure yours is a good fit. Are you comfortable with your lawyer, or do you feel intimidated by him? Do you feel like your lawyer understands you and your case – or will you be just another “file” in his busy office? 


Heidi Bergeron

Heidi Bergeron is a leading personal injury lawyer located in Kingston, Ontario. Since 1999 Heidi has focused her significant skills on building a personal injury practice. She firmly believes that to serve her clients she must work in close partnership to support them through the challenges of not only the injury but also the family and employment disruption that ensues after a serious accident. From the day-to-day operations of her firm to the staff she employs, each area of her practice focuses on this goal of thorough and yet compassionate interaction with her clients.