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Frequently Asked Questions

Why should I choose Campisi?

We win cases that change the law. At Campisi LLP, we have decades of experience practicing personal injury law and winning landmark, precedent-setting cases for our clients. Our lawyers achieve exceptional outcomes because of our extensive knowledge of the insurance industry, medical and rehabilitative science and the legal system. Every injury victim’s case is reviewed by the Campisi legal team, headed by our managing partner, Joseph Campisi – an Osgoode Hall Insurance Law professor.

We have achieved exceptional results for our clients against some of the world’s largest and most prominent insurance companies, law firms and corporations including: AIG, Allstate, Aviva, Chubb, Cooperators, Desjardins, Economical, Intact, Lloyd’s, Northbridge, RBC, RSA, TD, Travelers, Wawanesa and Zurich, among others. Contact us today to learn how Campisi’s experts can help you with your case.

No law firm should guarantee you a settlement amount or a successful trial result. If they do, then they are misleading you, because it is impossible to predict the actions of insurance companies and the courts. This is what we can guarantee: We guarantee to always put your future first, and you don’t pay for anything until your case is won or settled. We treat you as we would our family, making ourselves available 7 days a week to guide you through these difficult times. We also limit the number of cases we take on so that you receive the attention you deserve, and the expert help you need.

Yes, that is the simple definition of a contingency fee agreement. Because your injuries and ongoing impairment might keep you from working, you might not have the means to pay for a lawyer, even though you have a legitimate claim for compensation. The defendant’s lawsuit is paid for by their insurance company, and only very rarely will the defendant owe any personal money.

Because this creates an unfair disadvantage for the plaintiff, the contingency fee system was introduced in Canada. Basically, your lawyers pay the up-front costs of the lawsuit and defer payment of their fees until it settles or goes to trial. At that time, if you are successful, you pay your lawyers an agreed–upon percentage of the award and reimburse them for the costs they paid on your behalf. If you are not successful, you are still responsible for the costs, but you do not have to pay any legal fees to your lawyers.

After an accident, it may take some time to get back to your old life. Some injuries may prevent you from returning to work. You should notify your employer about your accident and your injuries. You should also stay in touch with your employer throughout your recovery, updating them on your condition and a possible timeline of when you may be returning to your We can provide you with expert guidance concerning your potential return to work, your employer’s duty to accommodate your ongoing limitations, and whether a graduated return to work on modified duties is appropriate.

If you have sustained an injury and cannot work, it is important that you focus on your recovery. There are options to assist you financially:

  • You may be entitled to Income Replacement Benefits from your insurance company.
  • You may be entitled to Income Replacement Benefits from your car insurance company.
  • You may be entitled to short- or long-term disability benefits through your employer. Speak to your Human Resources department to find out what you are entitled to under your plan.
  • You may be entitled to Canada Pension Plan (CPP) or Ontario Disability Savings Plan (ODSP) benefits.
  • Speak to an experienced personal injury law firm, such as Campisi LLP, to ensure you are getting all the assistance that is available to you.

The moments after any accident can be confusing and hectic. Try to remain calm and follow these steps.

At the scene of the accident:

  • Remain at the scene.
  • If the vehicles are damaged and/or someone has been injured, call the police and ambulance services.
  • Gather the names, addresses and telephone numbers of the individuals involved in the accident, including the contact details of any witnesses.
  • Take down the other vehicle’s license plate details and the name and policy number of the driver’s insurance. 
  • If possible, take photos of vehicle damage, the scene and your injuries.

Following the accident:

  • Notify your insurance agent, broker or insurance company within 7 days of the accident.
  • Let your family doctor know that you have been injured.
  • Report the accident to your employer or school, and if you have disability insurance available, inform that insurance company of your injuries.
  • Report the accident to any other insurer you may have, for example mortgage or debt forgiveness through credit cards.
  • If the police did not come to the scene of the accident, report the accident to them.
  • Keep receipts of all accident-related expenses.
  • Your family should keep a record of dates and times that they have spent caring for you.
  • Contact a knowledgeable personal injury law firm, such as Campisi LLP, to learn about your rights.

IMPORTANT NOTE: You do not have to speak to the insurance company of the other parties involved in the accident.  It is a good idea to have a lawyer with you, if and when you decide to provide a such a statement, because what you say could affect your right to compensation.

If you have been involved in an accident, your injuries may not become apparent until hours and even days later. It is very important to see a doctor in order to prevent a delay in receiving any treatment that may be required.

It is in the best interest of the insurance company to settle your claim as quickly as possible. By accepting an offer from the insurance company, the case is considered closed and you run the risk of releasing them from paying what you fully deserve. Before agreeing to settle your claim, you should always consult a knowledgeable personal injury law firm, such as Campisi LLP, to ensure that you are adequately informed of your rights.
We understand that finances can be tight after an accident. Campisi LLP wants to make your insurance claim process as easy as possible so you can focus on your recovery. You don’t pay anything during the course of your personal injury lawsuit. Once your case is won or a settlement is reached, we receive a standard percentage plus any costs we paid on your behalf.
Calculating how much compensation you’re entitled to when you’re a victim of an accident is complicated and you will definitely need professional support. Insurance companies use a number of factors to value a case. These include: your age, amount of vehicular damage, whether you were hospitalized, whether you sustained fractures and your loss of income.  For a brief overview of how the process works, watch our video on YouTube. For a full explanation on how to determine the value of your case, read this blog post or consult our Accident Injury Guide.
The process can be very complex. The value of a claim takes time, as evidence has to be gathered by both sides and will be dependent on a variety of issues, including:
  • Whether you were totally or partially responsible for the accident;
  • The nature and extent of your injuries;
  • The frequency, duration and cost of treatment;
  • The level of disability you will be left with as a result of your injuries;
  • Your pre-accident employment history and income;
  • The length of time it took you to return to work and your ability to return to the same level of pre-accident employment.

The term no-fault insurance can be misleading and is often misinterpreted to mean that no one is at fault, or that you are not allowed to sue the other driver. In actuality, there is always someone determined to be at fault in an accident. No-fault insurance more accurately means that if you are injured or your car is damaged in an accident, regardless of who is at fault, drivers always file their accident benefits claim with their own insurance company.

Insurance companies assess fault in accordance with legal Fault Determination Rules. If you disagree with your insurance company’s assessment of fault, contact the claims adjuster handling your case. Take this opportunity to present any new evidence which may change the determination of fault. In the case where your insurer still refuses to revise fault, then you can contact a complaint officer and you may want to contact a personal injury law firm, such as Campisi LLP.

In Ontario, if you are hurt by an uninsured motorist you may be entitled to compensation by your own insurance company under your “uninsured motorist coverage.” If you do not have your own automobile insurance you can make a claim to the Motor Vehicle Accident Claims Fund.

Unless your injuries are deemed catastrophic, a limit of $65,000 for treatment, rehabilitation and attendant care (if required) is applied to a standard vehicle accident benefits claim. This might seem like a lot of money, but it will run out very quickly in a serious injury claim. If you are approaching this limit and still need ongoing benefits, you will likely have to consider applying for a determination of catastrophic impairment (catastrophic).  In many cases, your insurance company will take steps (e.g.: scheduling medical assessments) to cut off your accident benefits before you reach these limits.  We can help protect your right to continue treatment.

When you’re involved in an accident, you want to get the case settled as quickly as possible so you can carry on with your recovery. There are many contributing factors that can influence how long it will take. For a simple explanation of the process, check out this video where Osgoode Law professor Joseph Campisi LLP, a Ph.D. in Insurance Law, provides details of the process, and what you should expect from your Personal Injury Lawyer.

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