Frequently Asked Questions
Hiring a lawyer and assessing your case:
When should I hire a lawyer?
Why Hooper Law?
What are your fees?
Do I have a strong case?
How much compensation will I get?
How long will it take to settle my case?
If I hire a personal injury lawyer, will I have to go to trial?
What should I bring to my free initial consultation?
Will you help me fill out the forms?
Benefits and dealing with your insurance company:
What should I do if the insurance company calls?
My insurance company says I don’t need a lawyer. Is that true?
What should I do if the insurance company terminates my benefits?
If I make an accident benefit claim, will my insurance premiums increase?
What should I do if I can’t return to work or take care of my children because of my injuries?
What if the accident happened while I was working?
Do you represent insurance companies?
Does ‘no fault’ insurance mean I can’t sue?
Can I sue the other driver if I was driving without insurance?
Immediately after the incident:
What if a seriously injured person is unable to make decisions?
I have been involved in a car crash. What should I do?
For a Glossary of Terms click here.
When should I hire a lawyer?
As soon as possible. In some cases, you must send a notice letter within a few days of the accident or you may lose your right to sue (see time limitations). Evidence may be lost or forgotten and witnesses may move away or forget what they saw, so the sooner you hire a lawyer, the stronger your case is likely to be.
I can also help you deal with your insurance company, and can inform you of benefits your insurance company may not tell you about. If you are in hospital or unable to leave your home, I can come to you.
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Why Hooper Law?
I and my team are experienced personal injury lawyers who have successfully won compensation for hundreds of clients. Our personal, caring approach will help you through the legal process and make sure you are informed every step of the way. I have an excellent reputation as a trial lawyer and will fight to get you the compensation you deserve.
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What are your fees?
In most cases, fees will be charged on a contingency basis – in other words, there is no charge until you receive compensation. The fee is normally a percentage of your final settlement.
The fee arrangement is set early on in the process and does not change, no matter how many calls and meetings take place – so please feel free to call me and ask any questions you have about your case.
My initial consultation with you is absolutely free.
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Do I have a strong case?
Before I can answer this question, I will need to meet with you and learn the specific facts of your case. Please call me for a free, no-commitment initial consultation or fill out the online interview form.
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How much compensation will I get?
Each case is different, and the amount of compensation you could be entitled to depends on your type of injury and how severe it is. I may be able to give you a range once I review your information and become familiar with your case, but predicting a specific number is almost impossible.
If your case is going to be settled before trial, I will at some point be recommending a figure you can accept in settlement. Only you can decide whether or not to accept.
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How long will it take to settle my case?
This depends on who you are suing and the nature of your case. Most motor vehicle accidents (car crashes) take one to two years. Slip or fall cases take about a year to eighteen months. I can give you a better idea of how long it will take to settle your case once I know the specific facts.
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If I hire a personal injury lawyer, will I have to go to trial?
Probably not. Around 90 per cent of personal injury cases are settled before trial. Most are resolved through mediation. I am an experienced trial lawyer, so if your case does go to trial I will be able to get you the best possible result.
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What should I bring to my free initial consultation?
At the initial interview, I will aim to find out as much as possible about your case so I can give you be the best advice available. This includes asking you about your:
- Work history
- Family history
- General background
- Previous medical conditions
The online interview has examples of other information I may need from you.
Please bring all the notes and documents you have to the interview – for example, expense receipts and police, insurance and medical reports. Write down the details of the incident and your injuries, in as much detail as you can. All your information will be kept strictly confidential.
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Will you help me fill out the forms?
Yes. There are several forms that need to be completed before accident benefits can be paid. I can help you with those forms at your free initial consultation.
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What should I do if the insurance company calls?
If your insurance company wants you to talk to an adjuster, you should be aware that anything you say will go on file and could affect your future claims. Do not speak to the adjuster if you are in hospital or otherwise medically unable.
Get legal advice and know your rights before you talk to the adjuster. I will be able to tell you which benefits you are entitled to and help you get those benefits. I can also represent you if you meet with the adjuster, so the answers you give will strengthen your case instead of being used against you.
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My insurance company says I don’t need a lawyer. Is that true?
It is in the insurance company’s interest to tell you not to hire a lawyer, because it means you are not fully informed about your rights and they can pay you less. I will make sure you are receiving your full entitlement of benefits from your insurance company, and will also help you sue the person responsible if you have been injured in an accident.
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What should I do if the insurance company terminates my benefits?
Contact me as soon as possible. I will be able to find out what benefits and compensation you are entitled to, and will fight to get them for you.
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If I make an accident benefit claim, will my insurance premiums increase?
As of October 1 2003, the insurance company cannot legally increase your premiums if you make an accident benefit claim and you are not at fault (if you are at fault, your premiums may increase).
If you are in any doubt, please contact me and I will be able to deal with your insurer on your behalf.
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What should I do if I can’t return to work or take care of my children because of my injuries?
I will be able to advise you on the different options available to you, such as income replacement benefits and caregiver benefits. I will negotiate with your insurance company to get you the best possible coverage for your particular needs.
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What if the accident happened while I was working?
Your claim should be pursued either through your insurance company or through the Workplace Safety Insurance Board (WSIB). Contact me to find out which option is the best for you.
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Do you represent insurance companies?
No. I am a Victims’ Rights Advocate, so I am completely dedicated to helping victims. I never represent insurance companies.
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Does ‘no fault’ insurance mean I can’t sue?
No. If your injuries include a serious permanent impairment of an important physical, mental or psychological function, you may be able to sue the other driver. Please contact me for a free, no-obligation initial consultation and to find out more.
‘No fault’ refers to the benefits included in your insurance. They apply to anyone injured in an accident and are part of every car insurance policy in Ontario. If you have been injured, even if you are at fault, you may be entitled to Statutory Accident Benefits (see motor vehicle accidents). I will be able to help you through the application process and protect your rights.
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Can I sue the other driver if I was driving without insurance?
No. If you were knowingly driving without insurance, you cannot sue the at-fault driver. However, you can still claim Statutory Accident Benefits.
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What if a seriously injured person is unable to make decisions?
If a person is incapacitated because of their injuries (in a coma, for example) and is unable to make decisions, someone else can be appointed to make decisions on their behalf.
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I have been involved in a car crash. What should I do?
Do:
- Get the name and address of all the owners and drivers involved
- Take down the license plate details of the other owners and drivers
- Get the name and policy number of the other driver’s insurance, if an out-of-province vehicle is involved
- Get names and phone numbers of all witnesses
- Make notes about how the accident happened
- Take photos of the scene, your car and your injuries
- Inform the police, your insurance company, and your employer or school
- Contact me to make sure you know your rights
Don’t:
- Admit fault for the accident
- Talk to the insurance company or sign anything before contacting me
- Ignore signs of injury or pain – see your family doctor immediately
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Please note: The above information is for general reference only and is not intended to replace legal counsel.
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