Who Pays in Personal Injury Lawsuits?

When you suffer personal injuries due to someone else’s negligence, you deserve to be properly compensated for your losses. But who is responsible for paying for your losses?

A common myth regarding personal injury cases is that the person you sue, (the defendant), will have to pay you personally. This myth often makes victims hesitant to commence a personal injury claim because they worry about financially harming the other person.

In nearly every personal injury lawsuit, an insurance company is ultimately responsible for paying the claim. We all pay into various insurance systems. In personal injury claims, these systems act as a financial safety net used to recover your losses.

For example, car insurance is mandatory in Ontario. When you are injured in a car accident and commence a lawsuit against the at-fault driver, the at-fault driver’s car insurance company will step in and pay for their legal defence. This means that the insurance company is also responsible for paying any settlement, absent extremely unusual circumstances.

Now you know that you don’t have to be concerned about the Defendant paying you personally, but how do you pay for your lawyer?

Following an injury, most people cannot afford to pay lawyers on an hourly basis. Like many personal injury lawyers, Foster Injury Law works on a “contingency fee” basis, which provides injured individuals the option of accessing the legal support they need which may otherwise be unaffordable.  

You have probably heard personal injury lawyers claim something along the lines of, “No Win, No Fee,” and it probably sounds a little too good to be true. The truth is the vast majority of the time…it is true. If your case is not successful, you do not have to pay us any money for our time spent working on your case. If your case settles or results in a verdict at trial, a percentage of your settlement is paid as legal fees to the law firm. Simply put, you do not have to pay us unless we resolve your claim successfully.

The aftermath of an injury can be life altering and the road to recovery can be overwhelming. To make things easier, we offer free initial consultations with no obligation. Our experienced legal team is ready to help you access the support and guidance you need.

You can read more about personal injury lawyer contingency fees at the Law Society of Ontario’s website here:

By: Laura Blackshaw