Fees​

How is my Personal Injury Lawyer paid for My Dental Malpractice Case?

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In some situations lawyers can work on a contingency fee basis. This means that they do not charge any upfront fees for their services, and instead, they are paid a percentage of the settlement or judgment awarded to the client if the case is successful. The percentage that the lawyer is entitled to receive is typically agreed upon in advance and is usually around 33% of the total settlement or judgment.

It's important to note that the percentage charged by personal injury lawyers can vary depending on the complexity of the case and the amount of work involved. In some cases, the percentage may be higher, particularly if the case goes to trial or if it is particularly complex.

In addition to contingency fees, there may be other costs associated with a personal injury case, such as court fees, expert witness fees, and other expenses. 

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What is a Limitation Period in a Personal Injury Case?

Limitation periods are an important consideration in any personal injury case in Ontario, including dental malpractice cases. A limitation period is the period of time during which a plaintiff must file a lawsuit in order to preserve their legal rights to seek compensation for their injuries. If a lawsuit is not filed within the limitation period, the plaintiff may be barred from pursuing their claim.

In Ontario, the basic limitation period for most personal injury claims, including dental malpractice claims, is two years from the date of the injury or the date that the plaintiff became aware or ought to have become aware of the injury. There are some exceptions and nuances to this rule, so it's important to consult with an experienced personal injury lawyer in Ontario to determine the specific limitation period that applies to your case.

It's important to note that limitation periods are strictly enforced in Ontario, and missing the deadline can have serious consequences. If you believe that you have a dental malpractice claim, it's important to act quickly and speak to a lawyer as soon as possible to ensure that your legal rights are protected.

In some cases, there may be ways to extend the limitation period, but these options are limited and generally require specific legal procedures to be followed. It's always best to consult with a lawyer as early as possible to ensure that all legal options are considered and that the claim is filed within the applicable limitation period.

There are some exceptions and nuances to the basic limitation period for personal injury claims in Ontario, including dental malpractice claims. Some examples include:

Discoverability: In some cases, the limitation period may be extended if the plaintiff did not discover the injury until some time after it occurred. For example, if a plaintiff had a dental procedure and later discovered that a tool was left in their mouth, the limitation period may not begin to run until the plaintiff discovered the injury.

Minors: In cases involving minors, the limitation period may be extended until the minor reaches the age of 18. This means that a minor who was injured as a result of dental malpractice may have until their 20th birthday to file a claim.

Incapacity: If a plaintiff is unable to understand the nature of their injury or is otherwise incapacitated, the limitation period may be extended. This may include cases where a plaintiff suffered a brain injury as a result of dental malpractice.