Yes, that is the simple definition of a contingency fee agreement. Because your injuries and ongoing impairment might keep you from working, you might not have the means to pay for a lawyer, even though you have a legitimate claim for compensation. The defendant’s lawsuit is paid for by their insurance company, and only very rarely will the defendant owe any personal money. Because this creates an unfair disadvantage for the plaintiff, the contingency fee system was introduced in Canada. Basically, your lawyers pay the up-front costs of the lawsuit and defer payment of their fees until it settles or goes to trial. At that time, if you are successful, you pay your lawyers an agreed–upon percentage of the award and reimburse them for the costs they paid on your behalf. If you are not successful, you are still responsible for the costs, but you do not have to pay any legal fees to your lawyers.

It is in the best interest of the insurance company to settle your claim as quickly as possible. By accepting an offer from the insurance company, the case is considered closed and you run the risk of releasing them from paying what you fully deserve. Before agreeing to settle your claim, you should always consult a knowledgeable personal injury law firm, such as Campisi LLP, to ensure that you are adequately informed of your rights.

The term no-fault insurance can be misleading and is often misinterpreted to mean that no one is at fault, or that you are not allowed to sue the other driver. In actuality, there is always someone determined to be at fault in an accident. No-fault insurance more accurately means that if you are injured or your car is damaged in an accident, regardless of who is at fault, drivers always file their accident benefits claim with their own insurance company.

Calculating how much compensation you're entitled to when you're a victim of an accident is complicated and you will definitely need professional support. Insurance companies use a number of factors to value a case. These include: your age, amount of vehicular damage, whether you were hospitalized, whether you sustained fractures and your loss of income.  For a brief overview of how the process works, watch our video on YouTube. For a full explanation on how to determine the value of your case, read this blog post or consult our Accident Injury Guide.