McDonald Law Office provides competent and aggressive representation of individuals who have suffered personal injury as the result of another party's negligence. Our firm does not represent insurance companies or large corporate parties, such as grocery and retail store chains. We only represent individuals like you. McDonald Law Office is therefore focused on vigorously pursuing our clients' personal injury claims against insurance companies, corporate entities and other parties with the sole goal of securing the best possible monetary award for the client on a timely basis, through negotiation and, when required, litigation.
Please click on the links below for important information which will be of use to any party who is making, or who is considering making, a claim for personal injury or who is uncertain as to whether he or she has a case. For detailed information on your legal rights and how we may be of assistance to you with your personal injury case, and to arrange your free intitial, no-obligation telephone, in-office, home or hospital consultation with McDonald Law Office, please click on the CONTACT US link above. We're here to help.
• DO YOU HAVE A PERSONAL INJURY CASE?
• TYPES OF ACCIDENTS WHICH MAY GIVE RISE TO A PERSONAL INJURY CLAIM
• WHAT YOU SHOULD DO FOLLOWING AN ACCIDENT TO PROTECT YOUR LEGAL RIGHTS AND PRESERVE EVIDENCE
• LEGAL FEES IN PERSONAL INJURY CASES
• A WORD OF CAUTION WITH RESPECT TO PROVIDING STATEMENTS TO INSURANCE COMPANY ADJUSTERS AND CORPORATE PARTIES
• LIMITATION DATES IN PERSONAL INJURY CASES
DO YOU HAVE A PERSONAL INJURY CASE?
If you have suffered personal injury in an accident caused by the negligence of another party, you may be able to claim damages for your injuries against the negligent party or that party's insurer. The types of damages that you may be entitled to claim for your personal injury include general damages for pain and suffering and mental anguish and special damages for past and future loss of income and medical expenses.
TYPES OF ACCIDENTS WHICH MAY GIVE RISE TO A PERSONAL INJURY CLAIM
Any type of accident which is caused by the negligence of another party and which results in personal bodily or other injury to yourself may entitle you to damages for your injuries. Types of accident circumstances which may give rise to a personal injury claim include:
• slip and fall accidents caused by a defect or condition on the premises of another person or business, including defective staircases and stairways, defective or missing handrails, improper lighting, worn carpets, area rugs or mats that are not flat, defective sidewalks and streets, defective metal gratings, dangerous holes, uneven surfaces, broken steps, broken concrete, slippery floors and ice and/or snow covered sidewalks, stairs, parking lots and streets.
• dog bite accidents
• electricity and electrocution accidents caused by defective, improperly maintained or inadequately protected power or electrical lines and/or equipment located on the premises of another person or business.
• defective consumer products which cause injury as a result of defective design, defective material, being unfit for intented use or failure to include adequate or any warning
WHAT YOU SHOULD DO FOLLOWING AN ACCIDENT TO PROTECT YOUR LEGAL RIGHTS AND PRESERVE EVIDENCE
If you are injured in an accident due to the negligence of another party and you expect that you may wish to pursue a claim for personal injury as a result, you should take the following steps:
1) seek medical treatment for your injuries, tell the attending physician how the accident happened, have good photographs taken of injuries and attend for follow up medical treatment and assessment as required in order to create a complete and ongoing medical record of the injuries and treatment;
2) have good photographs taken of the scene of the accident as soon after the accident as possible and of any changes made to the accident scene subsequent to the time of the accident;
3) obtain the names and contact information of the owners and/or managers of the property where the accident occurred;
4) obtain the names and contact information of any witnesses to the accident;
5) preserve footwear and clothing woren at the time of the accident and, in the case of a defective consumer product, preserve and do not part with possession of the product and any receipt for purchase of the product and obtain any identifying information about the product;
6) record all medical and related expenses and obtain and keep receipts and records for all expenses and losses related to the accident, including loss of income documentation;
7) to not give a statement of any kind to the owner, manager or insurer of the property where the accident occurred, or to the manufacturer of the defective product or its insurer, without first obtaining the advice and assistance of a personal injury lawyer. In this regard, please refer to the information below under the heading "A WORD OF CAUTION WITH RESPECT TO PROVIDING STATEMENTS TO INSURANCE COMPANY ADJUSTERS AND CORPORATE PARTIES".
8) be mindful of the strict time limits imposed by law within which injured parties must commence legal actions in court to seek damages. With regard to the said time limits, please refer to the information below under the heading "LIMITATION DATES IN PERSONAL INJURY CASES".
LEGAL FEES IN PERSONAL INJURY CASES
In most personal injury cases, our firm's fee is charged on a contingency basis. What this means is that you pay no legal fee unless we recover money for you in connection to your claim, by way of either a negotiated settlement or a Court Judgment. The legal fee paid by you on a contingency basis is a percentage of the amount of money which we recover on your behalf.
A WORD OF CAUTION WITH RESPECT TO PROVIDING STATEMENTS TO
INSURANCE COMPANY ADJUSTERS AND CORPORATE PARTIES
In personal injury claims involving insurance companies and large corporate parties, such as grocery and retail store chains, most insurance company adjusters and corporate claims departments will want to take a tape recorded or written statement from the injured party before advising as to whether the insurance company or corporate party will entertain the claim. If the injured party gives such a statement, if may later be used against the party in an attempt to attack his or her credibility and deny the claim. Therefore, giving such a statement without first obtaining the advice and assistance of a lawyer carries very significant risk and should be avoided. Injured parties are well advised to obtain the services of a competent and experienced personal injury lawyer to protect their legal rights before providing any such taped or written statement to an insurance adjuster or corporate party.
LIMITATION DATES IN PERSONAL INJURY CASES
In Manitoba, the amount of time that is allowed to bring a legal action for personal injury is governed by the provisions of The Limitations of Actions Act. In most personal injury cases, the action must be commenced in court within two (2) years of the date upon which the accident giving rise to the injury took place. In the case of an injured party who is under the age of 18 years as of the date of the accident, the action usually must be commenced within two (2) years of the date upon which the injured party turns eighteen (18) years of age. If a personal injury claim is not brought within the time period allowed by The Limitation of Actions Act, it will be barred. This means that even if you have a strong case against a party arising out of a personal injury, the court will dismiss your claim if you do not commence it within the time period allowed by The Limitation of Actions Act. Once a claim is barred pursuant to The Limitation of Actions Act, it is impossible to bring an action for the claim at any time in the future. Not being aware of the time limit within which to bring a personal injury claim is not an excuse. It is therefore very important that you consult a lawyer as far in advance of the limitation date as possible in order to preserve your legal rights with respect to your personal injury claim and take the required legal action in time.
For detailed information on your legal rights and how we may be of assistance to you in your personal injury case, and to arrange your free initial, no-obligation telephone, in-office, home or hospital consultation with McDonald Law Office, please click on the CONTACT US link above.