A: Mr. Malcolm frequently takes contingency fee based cases. Under the contingency fee arrangement, the client does not pay any legal fees until the client recovers compensation in the client's pocket.
Q: I was hit and injured by an unidentified car that left the scene. I have no auto insurance of my own. Does that mean I can't claim benefits?
A: In this circumstance, you can still claim benefits. The Government of Onatrio operates a statutory fund known as the Motor Vehicle Claims Fund. Persons with no other insurance available to them can make claims to the Fund if they qualify under the statute.
Q: I was driving my car when I was hit and injured by a drunk driver. The police told me that the drunk driver had no insurance. Does that mean it is pointless for me to try to sue them for my pain and suffering?
A: In this circumstance, you can still sue for pain and suffering, and all other losses you have suffered. Although the drunk driver has no insurance, if you obtain judgment against the drunk driver, then you can seek an order that your own insurance company compensate you for what you are owed by the drunk driver in the judgement. Under Ontario Law, your own insurance company is required to provide you with special coverage for this circumstance, and you have been paying premiums for this coverage.
Q: I was bitten by my neighbour's dog and have suffered serious injury. Is my neighbour responsible?
A: Under the Dog Owners Liability Act, the owner of a dog, or any person who harbors the dog, is strictly liable for the actions of the dog.
Q: Do I need a lawyer if the insurance company has already told me that it wants to settle my case?
A: Every insurance company wants to close its file by settling. The fact is, the insurance company wants to save money by closing its file and paying you nothing, or as little as possible. Know your rights and your entitlements! Mr. Malcolm can assess the fair value of your case and advocate on your behalf so that you get the settlement your case deserves, rather than the settlement that an insurance executive has assigned to your file.
Q: I have group disability insurance coverage through my employer. Last week, I suffered an injury while I was away from work, on vacation. My co-worker says I can't claim disability because the injury did not occur on the job. Is my co-worker correct?
A: In fact, you may have coverage and entitlement to benefits through your employer's disability insurance plan. Unlike WSIB, most employer-sponsored disability insurance plans allow for entitlement to claim disability benefits, regardless of whether the injury occurred while you were "on the job". Many of these policies also accord entitlement to disability benefits for "sickness" or "illness", rather than just "injury".
Mr. Malcolm would be happy to review your particular circumstances and policy with you during a free initial consultation.