Frequently Asked Questions

How much will the first visit cost me and what can I expect during the first visit?

Bachmann Law does not charge for the initial consultation. The first visit usually follows a brief conversation over the phone or by email, where you provide basic information on the accident and your injuries. You will likely meet with one of our experienced clerks, who will take down all necessary information. Of importance are not just the injuries you suffered, but also the impairments and limitations you are left with, and how they affect your life and your ability to function.

We will explain your rights, the legal process and the role of your lawyer in simple, clear language. We will not charge you for this consultation. This is a time when you and your family are most vulnerable and may not have the funds to pay for a legal consultation. We believe that nobody should be denied the right to a legal opinion because of the inability to pay.

At the end of the meeting, the clerk will likely be in a position to give you an idea of whether you 'have a case' and whether the firm is willing to will take your case on.

How much will my lawyer charge me?

You should not feel uncomfortable discussing legal fees with your lawyer. Most, if not all experienced personal injury lawyers, work on a contingency fee retainer. This means that the lawyer gets paid a percentage of your recovery, if and when you receive compensation. So, if for whatever reason, you do not receive money for your injuries, the lawyer does not get paid. However, there is another part to the retainer agreement, and that is 'disbursements'. Disbursements are expenses your lawyer incurred on your behalf for things such as photocopies, faxes, long distance charges, expert reports etc. Most of the time, the client is asked to pay for the disbursements regardless of the outcome of the case.

A contingency fee agreement has many advantages. It enables people with limited funds to hire a lawyer and take their case to trial. It ensures that injured people never owe more in legal fees than the damages they recover. And lastly, it aligns the interest of the lawyer with the interests of the injured person, that is to achieve a just and reasonable settlement.

When can I sue for my injuries?

If you were injured because of another driver's actions, you are entitled to sue for damages such as pain and suffering; loss of income; future cost of care etc. This applies to a variety of situations, including situations where the passenger is injured due to the negligence of the driver, who can be a husband, child or other relative. You can also sue in situations where you are partly responsible for the accident, or in situations where you are a pedestrian.

Are there any limitation dates I should be aware of?

If your accident happened after January 1, 2004, you generally have 2 years from the date of the accident to start legal proceedings. In certain situations, you may be able to sue after the expiration of the 2 years; but these situations are the exception rather than the rule. Additionally, in certain situations there may be shorter time limits for starting actions, and certain defendants must have notice of your intention to sue. For example, in an action against a municipality for the failure to remove snow and ice (that can lead either to a car accident or a slip and fall), notice to the municipality must be given within 10 days of the incident.

What is my case worth?

This, together with "will I get better?", are the two questions most often asked of a personal injury lawyer. While other lawyers may give you numbers at your initial meeting, or shortly thereafter, I don't. When you first see a personal injury lawyer, the focus ought to be on preserving your legal rights, assisting you with getting benefits so you can survive financially, and helping you get the treatment you need so you can get better. No decent opinion on damages can be given until such time as the injuries have healed and the injured person is not likely to get better. Only after receiving solid medical opinions on diagnosis and prognosis, can we begin to calculate an amount of money for pain and suffering; and the future losses an injured person is likely to suffer. It can be years before treatment options are exhausted; and this is the main reason why it takes a long time to settle or try a personal injury matter.

How long will it take to settle my case?

As a rule of thumb, I tell my clients that it takes anywhere from 2-5 years to settle a personal injury matter; with few of them settling before the 2 year mark and some settling after the 5 year mark. No settlement negotiations should be undertaken until a client has exhausted all reasonable treatment options; and has reached what we call "maximum medical recovery". This, usually takes at least 2 years and most of the time, it takes longer.

Once the client's physicians confirm that they don't expect any further significant recovery, the lawyer should obtain medico-legal opinions regarding diagnosis and prognosis. It is only at this point that the lawyer can start determining appropriate amounts for pain and suffering; past and future loss of income; past and future cost of care etc.

Some of the other reasons why a case may be delayed are:

  • The degree of cooperation a lawyer gets from the doctors and health care professionals; the defence lawyer and the insurance adjusters
  • How quickly a lawyer gets documents requested from institutions such as hospitals
  • The length of time it takes to arrange assessments and to receive reports
  • Whether the defence lawyer and insurance adjuster are willing to mediate the case
  • The length of time it takes to schedule a pretrial