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“Howard Yegendorf & Associates is an Ottawa based injury law firm whose lawyers have successfully represented victims of car accidents, motorcycle accidents and other life-altering tragedies since 1999.”

Myths and Facts about Personal Injury Law

When you have been injured in a car accident or slip and fall accident, you need to know the truth about your legal rights. Yet, many people have confusion and misconceptions that prevent them from getting the legal advice they need. Several myths and facts about personal injury cases are outlined below.

By getting informed, you or a loved one can take the steps that are needed to move forward with a personal injury case.

  • 5 Reasons to
    Choose Yegendorf

    Reason 1

    Our personal injury law firm has decades of experience in helping victims of traffic accidents.

  • 5 Reasons to
    Choose Yegendorf

    Reason 2

    Our lawyers understand not just personal injury law but also the health care system.

  • 5 Reasons to
    Choose Yegendorf

    Reason 3

    Our team of personal injury lawyers is committed to protecting the rights of victims of serious accidents.

  • 5 Reasons to
    Choose Yegendorf

    Reason 4

    Our injury law firm focuses on cases involving brain injuries, spinal cord injuries and wrongful death.

  • 5 Reasons to
    Choose Yegendorf

    Reason 5

    Our injury lawyers have vast experience in dealing with accident insurance claims and disputes.

Howard Yegendorf & Associates

Howard Yegendorf has spent his entire career as a personal injury lawyer protecting the rights of clients who have been seriously injured.

Howard Yegendorf & Associates

Howard Yegendorf has spent his entire career as a personal injury lawyer protecting the rights of clients who have been seriously injured.

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Ottawa   |   Toronto

Myth #1: I’ll have to pay a retainer fee up front for a lawyer to take my case.

Fact: Most personal injury lawyers in Ontario do not request a retainer fee.

Most personal injury lawyers work on a contingency fee basis, which means you don’t pay unless you receive funds from the case. The lawyer takes a financial risk by not charging legal fees up front and by carrying certain financial costs (e.g., private medical assessment fees). The lawyer gets paid only if you are paid compensation. This arrangement ensures that all accident victims have access to justice.

Myth #2: I’ll have to go to court if I have a personal injury case.

Fact: About 98 percent of all personal injury cases are settled outside court.

Many injury cases can be settled out of court. It is in the interest of both parties to settle the case as soon as it is practical to do so. A good lawyer will seek to achieve a settlement before a trial is necessary as trials entail risks and they can be expensive. There are alternatives to court, including settlement negotiations and mediation, where a neutral third party helps to facilitate a settlement. A settlement can occur at any time before a judge or jury makes the decision.

Myth #3: Only physical injuries are compensated.

Fact: Compensation can be obtained for injuries that are not physical.

Psychological and emotional injuries also warrant legal compensation. Often, there is anxiety, depression, and sleep difficulty that occurs from a traumatic personal injury.

Myth #4: Most personal injury cases are frivolous.

Fact: Most personal injury claims are brought by ordinary people who have suffered injuries from a legitimate accident.

In Ontario, you have the right to sue for personal injury damages from a motor vehicle accident if you meet a threshold test. To meet the threshold, the test is whether or not the injured person sustained a “permanent, serious impairment of an important physical, mental or psychological function” or “a permanent serious disfigurement.” The threshold is much less for personal injury cases that do not involve motor vehicle accidents.

Another deterrent to frivolous cases is the $30,000 deductible that applies to motor vehicle accident claims in Ontario unless the amount awarded exceeds $100,000. Because of the contingency fee arrangement, lawyers will not take any case that comes to them and they will only take those cases where they are confident about achieving compensation.

Myth #5: My case will take at least five years to settle.

Fact: Most personal injury cases are resolved in less than five years.

Many accident cases are settled within the two to four year range, often soon after the law suit commences with a court application. Some cases take longer than five years to settle, depending on the nature and severity of the injuries and the willingness of the parties to settle sooner. The length of time to settle a case depends in part on how quickly you heal, how soon you can resume your employment and regular activities. Most personal injury cases are straightforward, but complexities and delays can occur when liability is under dispute or the injuries are quite serious. If your case goes to trial, your involvement in the case before then may be to complete forms, update your lawyer periodically on your treatment and rehabilitation, attend an independent medical examination and an Examination for Discovery. We will handle most aspects of the case for you so that you can concentrate on recovery from the accident.

Myth #6: A lawyer can tell me how much compensation I will receive.

Fact: No one can tell you in advance exactly how much your case is worth.

A personal injury lawyer can only give you a very rough estimate of the compensation possible because each case depends on unique facts and there are many factors that can affect a case. Some individuals will be impacted less by a personal injury accident, will heal quicker, and they will respond to certain treatments better than others. Personal injuries can affect different people in different ways and sometimes expected recovery does not occur and unexpected recovery occurs. With recognition that each situation has a unique set of facts and circumstances, courts could award individuals with the same accident injuries with different amounts in compensation.

Myth #7: There is one lawsuit per accident.

Fact: A single automobile accident can result in more than one lawsuit.

When a personal injury occurs from a motor vehicle accident, a lawyer will represent you in your tort case against the liable party that caused your injuries. You may also need legal representation to deal with your automobile policy insurer, to ensure that you receive the accident benefits for which you are entitled. You could also have difficulty getting coverage from your long-term disability insurer. As personal injury lawyers, we can represent you in your communication with any and all of these parties.

Myth #8: I don’t need a lawyer. It will be too much hassle and appear litigious.

Fact: You can expect to fare much better if you have legal representation.

Hiring a lawyer to represent you legally should ease your burden and strengthen your case. A lawyer will help to level the playing field with the insurance company. The insurance company has no obligation to inform you of your legal rights, including the strict time limits for compensation that are set out by the statute of limitations. Without a lawyer, you could end up with much less compensation than you would have if you hired a lawyer and be legally held to what you agreed to.

Contact Us at Howard Yegendorf & Associates

If you have been injured from an accident, have unanswered questions and want to determine the best course of action to take, contact us at Howard Yegendorf & Associates. One of our personal injury lawyers can serve you in Ottawa, Toronto or Kingston. The personal injury law firm will make sure that you receive a fair settlement for your injuries. If you reside in Toronto, Kingston or Ottawa, our law firm can assess your case at a free initial consultation. Contact us today at 1-866-303-5118.

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“Howard and Najma protected and helped us during a terrible time in our lives.”

At Howard Yegendorf & Associates, we have nearly 50 years of combined experience with personal injury claims. Our primary focus is on catastrophic injuries such as brain and spinal cord injuries and wrongful deaths, but we will guide and represent you during any personal injury case.

Learn more
Rony Podolsky
Rony Podolsky
13:34 19 Jan 18
Mr. Yegendorf is very different than the stereotypical lawyer. He is sympathetic to his clients and eager to help.Probably one of the most ethical, professional and experienced lawyers out there.Highly recommended!
Natalia Bradu
Natalia Bradu
15:46 17 May 17
I can not express my warmest wishes to Howard Yagendorf and his amazing team. I had a great experience working with them and I'm so thankful to his expertise and help in my difficult situation. He guided me and my family through the process and helped us to get the outcome we've never hope about. Great people, great team and overall experience was easy and worry free. Thank you so much.
Michael Dagenais
Michael Dagenais
16:42 14 Mar 17
I have known Howard for nearly 20 years. During that time he not only helped me with sound, expert advice pertaining to a "Ponzi scheme" that devastated my family, he has helped countless others. He is dedicated to the law and a true expert in his field. I know first hand that he has changed the destiny of many of his clients , allowing them to move forward with dignity after suffering catastrophic events. He cares deeply , has dogged determination, vast experience and his team of lawyers and support staff are second to none. I would highly recommend Howard and his team.
Brian Mandelker
Brian Mandelker
15:41 21 Apr 17
Howard is an excellent, meticulous lawyer. Perhaps even more important though, is that he is a compassionate human being. A very good listener and an even better questioner!
Stephen McGill
Stephen McGill
14:22 16 Feb 17
I've known Howard Yegendorf for well over a decade and consider him to be one of the most capable, professional, knowledgeable and trustworthy people I've met in my business career. His attention, compassion and skills were reinforced to me when he helped a very close family member with a potentially serious legal situation. Without hesitation I will continue to recommend Howard and his firm to anyone who wants exceptional legal representation.
Carol Dunlop
Carol Dunlop
02:09 04 Mar 19
2 years ago I was hit by a car on Hunt Club and Riverside intersection in Ottawa, the lady behind the wheel was not looking at me at all even though I had white sign for crossing. She stopped before the traffic light, I stepped on the crosswalk and she just turned right while looking to the left. She bumped me with her car and my foot got stuck under rear passenger wheel. Then she apparently panicked and went backwards rolling over my foot one more time. Later at emergency they diagnosed me with multiple bone fractures, I had to go through 2 complicated surgeries and over a year of rehab before I could use my foot again. And it still hurts when I run, jump, stand for too long or stress it somehow else.Engaging Howard Yegendorf and his team shortly thereafter was one of my best decisions ever. His knowledge, and confidence told me I was working with the best professionals I could have found. Howard guidance was invaluable. He listened and helped me throughout the case. We were both patient and that patience produced positive results.He helped me to deal with insurance company, guided me through LTD insurance and closed my case for really good amount of compensation.
Jonny Hare
Jonny Hare
09:00 05 Mar 19
In 2014 I was involved in a car accident on HWY 417 near Ottawa. It involved myself and two other vehicles being rear ended. I was the middle vehicle and ended up being transported by ambulance to Queensway hospital. My injuries were misdiagnosed at the time of the accident and I was referred to Howard Yegendorf. I met with Mr. Yegendorf and he showed me overwhelming concern and care for my situation, injuries and surgery. He explained how he could file liens for surgery and physical therapy to resolve my health issues sooner rather then later. He then fought 100% with the auto insurance company completely looking out for my best interest.I cannot put into words how tremendously grateful l am for everything that Howard Yegendorf has done for me and my family!
rath khan
rath khan
20:04 28 Jul 19
Receptionist She is always in bad mood. I did observe her a lot. If you are happen to be other ethnicity than caucasian , she will racially profile you. She doesn't have simple courtesy . Also one of the lawyer I dealt with not professional at all and rest of the lawyers I don't know much about them. At this place, you don't feel like they care about your situation much.
rath khan
rath khan
20:04 28 Jul 19
Receptionist She is always in bad mood. I did observe her a lot. If you are happen to be other ethnicity than caucasian , she will racially profile you. She doesn't have simple courtesy . Also one of the lawyer I dealt with not professional at all and rest of the lawyers I don't know much about them. At this place, you don't feel like they care about your situation much.
Jonny Hare
Jonny Hare
09:00 05 Mar 19
In 2014 I was involved in a car accident on HWY 417 near Ottawa. It involved myself and two other vehicles being rear ended. I was the middle vehicle and ended up being transported by ambulance to Queensway hospital. My injuries were misdiagnosed at the time of the accident and I was referred to Howard Yegendorf. I met with Mr. Yegendorf and he showed me overwhelming concern and care for my situation, injuries and surgery. He explained how he could file liens for surgery and physical therapy to resolve my health issues sooner rather then later. He then fought 100% with the auto insurance company completely looking out for my best interest.I cannot put into words how tremendously grateful l am for everything that Howard Yegendorf has done for me and my family!
Julie
Julie
13:50 23 Nov 19
Najma from Howard Yegendorf's office represented me and she is the lawyer you want on your team. Najma has incredible skills at negotiating and getting the results that you deserve.Najma helped me through the worst nightmare of my life and I will always appreciate the compassion she showed me. From the moment I handed my case to Howard Yegendorf and Associates it was like a weight was lifted off of me and I knew everything was going to be just fine.
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