Finding the Best Personal Injury Lawyer Today, I'm going to address a common question, which is how do you find the best person or injury lawyer in Toronto? The relationship that a client and lawyer develop in the context of an injury matter, in my view, is closer than most people become with their lawyer in the context of just about any other area of law. And here's why I say that, because if you have a significant injury, your lawyer has to get to know you very well. They need to understand who you were before this injury. They need to understand details about your family life, education, your hobbies and recreation, obviously your medical history, your financial history, and how the accident or injury has impacted your ability to earn money. Personal injury claims also tend to take a little bit more time from inception to conclusion. The Importance of Trust and Confidence in Your Lawyer Choosing the right personal injury lawyer has to involve choosing a lawyer that you trust, that you feel has your best interest in mind. Is this someone that you can work with over a long period of time and someone that you're comfortable opening up to? Because you have to share a lot of personal details about yourself. You also have to ensure that the lawyer is confident. So, for instance, somebody might have a commercial lawyer they work with, or a family lawyer they've worked with, and they're really comfortable with that lawyer, they've had years of dealing with that lawyer, but that lawyer is probably not the best professional to take on your personal injury case. Finding a Lawyer that Specializes in Personal Injury Law And that's because personal injury cases are typically a specialized area of law or an area of law that the lawyer focuses exclusively on. And that's because the law surrounding the rights and remedies of injury victims is extremely specific, changes quite a bit and sometimes often. And so you need a lawyer with experience that is working on these types of cases every day in order to be able to navigate the legal system and present your case as best they can within the law. So some of the things to look for is this an area of law that they regularly practice in? Car accident or slip and fall accident? Is this lawyer doing cases like yours on a regular basis? Also, an important consideration is whether the lawyer is part of any professional organizations specific to that area of law. Okay, so the lawyer's obviously licensed to practice law, but in addition to that, there are organizations and boards that deal specifically with personal injury matters. It would be important to see if your lawyer is a member of any of those organizations, both at the national and local level. So for myself who practices both in Florida, in the US, and also in Ontario, Canada, I'm a member of organizations at the national level like the American Association for Justice, the Florida Association for Justice, the Palm Beach County Justice Association. And then in Ontario, a similar organization, such as the Ontario Trial Lawyers Association. Recognitions and Achievements: Indicators of a Successful Lawyer In addition to that, has the lawyer been recognized by any organization for having achieved some success in the area of law that you're interested in hiring this lawyer for? As an example there's an organization called the Million Dollar Advocates Forum. There's a very small percentage of lawyers that gain admission to that organization. They have to demonstrate that they've achieved results of at least a million dollars on a single case. So that's something you can look at too to kind of measure the success your lawyer has had on cases similar to yours. The Power of Testimonials and Client Reviews In this day and age, a person's track record is public, it's on the internet. It's important, I think, to read testimonials from former clients. Don't just look at the rating, but actually read what the clients are saying about their lawyer. Usually those are personal reviews, so I'd look at those. If you meet with the lawyer and you want to speak to a former client, you can always ask the lawyer. Is there a former client or former clients that you can give me their contact information? Sometimes that's difficult because of client confidentiality. Lawyers can't just give out names and telephone numbers of former clients. There may be former clients that have already agreed with the lawyer that they're willing to do that on their behalf. Understanding the Costs and Fees of Hiring a Lawyer You also want to look at what it's going to cost you to hire a personal lawyer. Is it a contingency fee agreement? We do have other videos going into a lot of detail on the contingency fee agreement, but what I will mention is that's an agreement that allows you to hire a lawyer and not pay up front and in fact not have to pay unless and until your lawyer obtains a resolution for you. Okay, and it would be based on a percentage of the ultimate outcome of your case. Also, find out if the lawyer is willing to advance the expenses of the case for you. That's something separate from their lawyer's fees. Litigation can be expensive. There are filing fees. There are process server fees, court reporter fees, expert witness fees. There are all kinds of fees associated with medical records and other documents. Is your lawyer willing to advance those costs on your behalf? Do they have the resources to advance those costs and fight the insurance company, even if the case is going to take a long time to resolve? The Importance of a Lawyer's Trial Experience You should also find out, is your lawyer willing to go to trial? Has your lawyer taken cases like yours to trial? Insurance companies pay attention to that detail. They know which lawyers go to trial and which ones do not. The amount paid for a case. will depend largely on whether or not that lawyer or that law firm takes cases like yours to trial. Lots of lawyers claim to be trial lawyers. It's a relatively small percentage of lawyers that actually take cases to trial. So find out if the lawyer you're interested in hiring. has actually been to trial and is willing to take a case like yours to trial if necessary. Taking Advantage of Free Consultations It's also important to keep in mind that most reputable personal injury lawyers in Toronto will offer a free consultation. Take advantage of that and when you do have a free consultation, it's important to note communications between you and a lawyer, even if you haven't hired them yet, are completely confidential. And that's confidential by law, not just because lawyers will keep your information in confidence, but also the law protects communications between members of the public and members of the bar or lawyers. That's called the lawyer client privilege, and that simply means that any communications by and between you and a lawyer are privileged, unless you waive that privilege. The Role of the Lawyer's Team in Your Case Another important consideration is the team that the lawyer surrounds themselves with. Lawyers, particularly personal injury lawyers, that are litigators, trial lawyers, spend a lot of time in the courtroom or at hearings, in depositions, interviewing witnesses, etc. So unlike transactional lawyers. Personal injury lawyers don't have the luxury of a lot of time behind their desk. During the pendency of the case, there'll be a lot of communications between you and the lawyer's team. So you also want to ensure that you can get along with the other people in that firm. Are they courteous? Are they responsive to your inquiries? If you meet with the lawyer alone, you can ask those questions. Who else is going to be working with you and me on my claim? Does that include a paralegal? Is it a law clerk? What's their training and experience? The Lawyer's Role in Your Recovery Process & Treatment Team Also a good lawyer, the best lawyer for you might be one that also helps you on your road to recovery, not just with the legal aspects of your case, but also giving you some Introductions to other healthcare people that might be able to help with your recovery. Does your lawyer work with top orthopedic surgeons or psychologists or occupational therapists or whatever it might be? That should give you some confidence that your lawyer will also be able to assemble an excellent treatment team for you. The Balance Between Speed and Maximizing Claim Value Although personal injury claims can take a long time, a good personal injury lawyer is going to want to push the claim. But they also have to have the staying power, the resilience to stay in it as long as necessary to get you a fair and maximal recovery for your injury. It's an interesting dynamic. You want a lawyer that can push a claim quickly, but you also want a lawyer that's not their only interest because that could result in less money and sometimes a lot less money for your claim. So you want a lawyer that While they're cognizant of your interest in getting a resolution, but not at the expense of maximizing the value of your claim. So a lawyer can also gauge when it's necessary to keep marching, keep heading towards trial and in some situations, take it all the way through to the conclusion of trial where necessary. Have Questions? Contact Us Today! So I hope these tips help you when you're considering the best personal injury lawyer in Toronto. We're happy to talk to you. If you have questions, feel free to reach out to us. Thanks again for watching. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims.
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