General Questions
Q: I need to hire a lawyer, why of all the lawyers to choose from, should I choose Michael?
A: Michael has been practicing law for more than 13 years. For the first 8 years of his practice, Michael worked in downtown Toronto with two large and well respected law firms defending claims for insurance companies and employers. In 2002, Michael decided to step away from this work and with the encouragement of his colleagues open his own law firm in his hometown of Mississauga. Michael is pleased to represent Plaintiffs in their claims against insurance companies and employers. Michael, with his knowledgeable support staff and extensive network of colleagues, uses his expertise and inside knowledge to advocate on behalf of individuals. Choosing Michael is a choice for individual service with big firm experience.
Q: Do I have a case?
A: Only you and your lawyer can make that determination as there are so many factors that influence each situation. If you think you might have a case, call Michael at (905) 812-5212 or email him at michael.walter@bellnet.ca for a free telephone consultation to find out more.
Q: How much will it cost?
A: The legal costs of each case are unique but generally can be divided into two categories; contingency fees and up-front or hourly fees. Contingency fees are charged when a lawyer agrees to take a case where the fees will be paid out as a percentage of any award or settlement achieved. Hourly fees are charged when the lawyer and client agree to an hourly fee for work completed. Ask Michael which fee arrangement is right for your case. Michael takes many cases on a contingency fee basis which means no legal fees until settlement.
Q: How long will my case take to settle or go to court?
A: The length of litigation varies by a number of factors including; the complexity of the case, the number of parties involved, the willingness of all parties involved to resolve the case, and delays in obtaining court dates. Typically, wrongful dismissal cases can take anywhere from 1 to 6 months to resolve if a trial is not required. Personal Injury and Disability cases are usually much more complicated, and accordingly take longer to resolve. It is not unusual for a Personal Injury or Disability case to take more than 2 years to resolve. It is important to know that in personal injury cases, good lawyers protect their clients’ future interests by ensuring that they are immediately and thoroughly treated for their injuries by doctors, physiotherapists and other professionals and that no settlement discussions are started until the full extent of the injuries are known. With that in mind, and due to the fact that insurers will vigorously defend almost every case, these cases can take anywhere from 8 months to 5 years. Patience and determination are important qualities of good lawyers and successful plaintiffs.
Wrongful Dismissal Questions
Q: I am not happy with the severance/ termination package offered by my employer, what should I do?
A: If you feel that the package offered is not adequate, do not sign the agreement and seek the advice of a lawyer. Once you sign the offer, there is no going back! Michael will be able to advise you as to what your entitlements are and provide you with the information you need to determine if the package is fair…before you agree to it!
Q: My employer has terminated me and provided me with a termination agreement. They have asked me to sign it as soon as possible and return it in order to get the payments offered. What should I do?
A: Proceed with Caution! Employers often try and pressure employees into signing binding agreements before the employee has had enough time to read, and really understand what they are agreeing to. Don’t be pressured into signing anything before fully understanding what it means and ensuring it is a fair offer!
Q: I have been a loyal and high performing employee for my company for 20 years. Why am I being so badly treated now that I am being terminated?
A: The bottom line is king so they say. Employers are primarily interested in saving money and that often means paying out the least amount of severance, termination, benefits etc., that they can get away with rather than what is fair and reasonable. In Michael’s experience he has seen many employers who attempt to pay out the least amount possible to terminated employees. This is done as a cost saving measure on that employee and all other employees being terminated. More and more often, employees are forced to fight for what is rightfully theirs and hire lawyers to advocate for their legal entitlements.
Q: Will I have to go to court to get my employer to treat me fairly?
A: Most of the time, no. Over 95% of all wrongful dismissal cases settle in some fashion before going to trial. What you will need to do is be prepared to invest time and effort with the help of your lawyer to make your employer take you seriously.
Q: My employer is really making things difficult for me, what should I do? I just want to quit!
A: DON’T QUIT! DON’T QUIT! DON’T QUIT! If you quit, your employer is not obligated to pay you any severance, termination pay or other benefits no matter how long you have worked for them. If you feel you are not being treated fairly, keep a diary of what is going on at work and contact a lawyer. It very well may be that they are trying to get you to quit by making your life at work miserable so they don’t have to pay you a dime!!! Call Michael to find out more and to discuss what strategies may be best for you.
Personal Injury Questions
Q: I have paid insurance premiums all of these years, why do I need a lawyer to get me what I deserve to be compensated?
A: Unfortunately, today’s insurance climate means that many insurers will attempt to pay the minimum pay-out or benefits they can rather than provide what is rightfully owed to the claimant. An insurance company will only pay you what you properly deserve as a result of serious advocacy by an experienced lawyer.
Q: If I or someone I know is involved in a car accident, what do I do?
A: Many things need to be done in the event of any accident, but there are three immediate things that need to be done.
- Seek medical attention. Obviously, after any accident it is imperative that you seek proper diagnosis and treatment of your injuries. If you don’t go to the hospital right way, make sure you see your doctor as quickly as possible to get the treatment needed. Even if you feel ok, it is important to get checked and have your doctor make a note of what happened. This ensures that there isn’t a missed health problem and that the nature of your injuries are documented for future reference. Photographs of your injury can also be helpful.
- Make sure there is an incident report or police record of the accident. In some form, the details of the accident, date, time, witnesses, what happened etc., need to be documented for future reference. Where possible, take photographs of the scene of the accident or slip and fall.
- Third, provide notice. If you are involved in a car, property or other accident, it is imperative that you provide notice of the accident to your insurance company and the parties involved. It is best to provide notice as soon as possible as there are time limits. For example, for a slip and fall on a city sidewalk, notice must be provided within 10 days of the incident.
Where possible, consult a lawyer immediately.
The days following an accident are usually very stressful and upsetting but it is important to look after yourself, get proper medical treatment and get informed. Getting good advice and knowing what needs to be done protects your future rights and alleviates unnecessary stress.
Q: The insurance company has called, what should I do?
A: Insurance companies will often contact you upon learning of your accident to get information and take a signed statement from you. Insurance company representatives are often friendly but remember that they work for the insurance company. By dealing solely with an insurance company representative you could be at a great disadvantage.
Before you speak to the insurance company, know your rights and the benefits you are entitled to receive. Michael provides free consultations to ensure you are fully informed so that your interests can be protected.
Q: I thought I was OK after my accident, but now I am in pain, what should I do?
A: While it is best to contact a lawyer soon after suffering an injury, you should contact a lawyer even if it has been some time since the accident.
Q: How long do I have to start my claim?
A: There is generally a limitation period of two years following the date of the accident to start a lawsuit. However, it is best to contact a lawyer as soon as possible.
Q: I cannot return to work as a result of my accident. What should I do?
A: By consulting a lawyer with expertise in the area of personal injury, you will be informed of the different coverage options available to you for income protection such as income replacement benefits and disability benefits.
Q: My insurance company terminated my benefits, what should I do?
A: Contact your lawyer at once or talk to one if you haven’t already. Insurance companies often terminate benefits for eligible claimants.
Q: I'm not happy with my present paralegal, what should I do?
A: The personal injury law field is highly specialized and requires extensive experience and training. While there are a few paralegals who have worked as insurance adjusters, paralegals are not governed by the same standards as lawyers. Given the complexities of motor vehicle compensation today, it is best to consult a law firm that specializes in personal injury law.
Whatever you do, make sure you have all the information you need to make a good decision for yourself, your family and your future. If you have questions or would like further information, please contact Michael.
