Fayola Benjamin
ASSOCIATE
At Benjamin Law, our Family-First litigation team is here to answer all of your questions or address any of the concerns that you may have regarding your pending case. We educational-first approach to all of our clients’ cases, in order to mitigate any issues, or confusion that could naturally arise out of any litigation process. For your convenience, we have created the Frequent Asked Questions below to answer some of the questions that you might have; however, feel free to contact us as well if you do not find your answers below.
If you don’t win, Benjamin Law charges no fees. The fee charged is on a contingency basis, that way you will pay no fees unless we recover money for you. Benjamin Law’s fees are based upon a percentage of the overall settlement.
We understand that you want to settle as quickly as possible. Depending on the complexity of your case and the severity of your injuries the time will vary. For most motor vehicle and slip and fall accidents, it takes between 1-3 years in order to achieve a fair resolution.
In a wrongful dismissal claim, it takes between 6 months to 1.5 years to resolve.
Each case is unique and we use our years of experience to get you a fair settlement as soon as possible.
How long do I have to sue? Has time run out on my right to sue?
Each case is different as the answer to this question depends on when your accident or dismissal occurred. Call us to find out how long you have to sue.
Predicting a specific amount is almost impossible. At Benjamin Law, we provide you with the best information and legal advice to maximize your settlement.
This is often the first thing a client wants to know. The strength of your case is largely dependent on your evidence and other written documentation. Call us for a free consultation.
No, we do not act for insurance companies as we are completely dedicated to representing victims of serious personal injury, disability and employment matters.
Once you have reached a settlement and the money has been paid and you have signed a release, the insurance will not pay for medical costs/future treatment.
There are a few extra steps you should take if you fell on City Property.
1. Notify the City or Township clerk within 10 days. Use registered mail.
2. Within your notice letter, specify the location of the fall, the cause of the fall, the date and time of the fall, and the injuries you sustained
One of our team of lawyers will be delighted to speak to you.
Motor Vehicle Accidents:
To sue for these damages you must prove that your injury “meets the threshold.” This can only be done if you have sustained:
Permanent, serious impairment of an important physical, mental or psychological function; or Permanent serious disfigurement (i.e. Scarring)
There is a $38,818.97 deductible from the number of damages you would otherwise receive. However, the deductible does not apply to these damages if the award exceeds $100,000.00.
Yes. In the event of injury, family members can sue for their loss of care, guidance and companionship. These claims are subject to a $15,000.00 deductible. However, the deductible does not apply if the award for these damages exceeds $50,000.00.
In the event of death, family members can sue for their loss of care, guidance and companionship. In addition, they may have dependency claims for the loss of shared family income, loss of household services and many other damages.
Income replacement benefit is payable after the first 7 days of absence from work.
A collateral benefit includes payments for loss of income from another private or public plans such as income replacement benefits, long-term disability benefits, or CPP disability payments.
1. Figure out what you slipped on. Was it water, ice, snow or oil, etc.?
2. If possible take Photos. Large wide smartphone photos. Make sure they are not blurry. Use flash if necessary.
3. Photograph. the area you slipped or fell.
4. Get the address where you fell.
5. Photograph any witnesses. Get their name and phone numbers. Video record them if possible.
6. If the fall occurred on snow photo is there was any salt or sand in the area. Photograph the area thoroughly.
7. Photograph the general area. Was the area lit? Were there warning signs posted. Photograph any Address or nearby businesses.
8. Obtain the business owner’s name if possible.
9. Fully document your injuries
10. Before speaking to an insurance company representative. Contact us (1-899-855-4878).
11.Report and Document your injuries with a Doctor.
12. IF possible, keep your footwear and do not wear it again. Photograph your footwear, top-bottom both sides
