Personal Injury

Injured?

When someone or something hurts you or your family, you need someone you can turn to and make it right. You need a team of warriors who can take on big insurance companies, evil corporations and bad actors who have turned your life upside down.

We have helped people from all walks of life get justice in a wide variety of cases. Phillip and Adam have built a team that projects confidence and competence. The firm has taken cases other firms rejected because they thought they were too hard. We Won those cases for our clients!

Phillip has appeared at all levels of court including the Ontario Court of Appeal. He firmly believes in providing his clients with wise counsel, not incentives to spend more on legal fees.

Very few lawyers get actual trial experience these days. In order to get the best settlement you need a lawyer with a proven track record of winning in Court… in Trial. Paper tigers are not good enough to get you what you deserve. The insurance companies know who has the character and courage to take them to trial and factor this into their settlement offers.

You must be able to trust your lawyer explicitly, and a billboard advertisement saying a lawyer works in your city when in fact they are actually located hundreds of miles away is not a reliable first step to building trust. Phillip is pleased to have a no pressure discussion with you about your case at any time. You need this important knowledge to make the right decision about your case; so that you…. and your family… and your future, are protected.

Motor Vehicle Accident

You only get paid what the insurance company thinks you deserve. Good people don’t want to complain and the insurance companies will take advantage of you. They will be friendly, invite you to go see their specialists and they will do everything they can to minimize your injury, pain and suffering and damages.

Before you sign anything, meet with a team who dedicate their lives to fighting bullies.

The timeframe for a car or truck settlement can vary. Factors like accident details, insurance processes, injury extent, and negotiations influence the duration. 

Settlements might take weeks to months. It is very disappointing that our system in Canada does not provide an opportunity for quicker trials. Insurance companies with deep pockets often delay the process for as long as possible, hoping they can wear down defendants. They need to know they are up against a seasoned trial lawyer if they are going to come to the table with real money. 

For accurate guidance, reach out to the Millar’s Lawyers Team for personalized assistance.

Canada is governed by the Limitations Act, which stipulates that an action must be brought within 2 years of knowing you have been wronged. In legal language, we sometimes use the phrase “discoverable.” Once you have discovered that you were wronged, you must take action within 2 years. This law exists so that defendants can properly defend themselves as evidence is lost over time. There are more specific limitation periods you must be aware of, and you should never assume you have time. Once you discover or know that you have been wronged, consult with a skilled attorney who can protect your interests. 

The average settlement for a car accident varies widely. It depends on factors like accident severity, injuries, property damage, and liability. There’s no fixed amount. One of the biggest issues in some provinces is deductibles and threshold legal issues that prevent people from getting the amounts they deserve. For a precise estimate based on your situation, reach out to our experienced Personal Injury team at Millar’s Lawyers Team for expert guidance.

The cost of a car accident lawyer can differ. Some lawyers charge hourly rates, while others work on a contingency fee basis. This means they only get paid if you win the case. For specific details about fees and payment options, reach out to the Millar’s Lawyers Team for personalized advice.

Filing a personal injury claim doesn’t always require going to court. Many cases are resolved through negotiation or settlement discussions with insurance companies. However, if a settlement can’t be reached, court might be necessary. Insurance companies know which lawyers go to trial and which lawyers settle and never step into a courtroom. Make sure you do your research and hire a lawyer who has fought insurance companies and won in the past before you entrust your future to a lawyer. The Millar’s Lawyers Team can guide you through the process and advise on the best course of action for your specific situation.

Long-Term Disability Denial

People entitled to long term disability benefits are often denied because the insurance companies know this saves them money. Consult with our team when your future depends on winning these battles.

If your mental health prevents you from working, you may be eligible for Long-Term Disability Benefits. Eligibility depends on your policy terms, medical documentation, and the severity of your condition. To navigate this process effectively, reach out to the Millar’s Lawyers Team. They can provide personalized guidance and help you understand your options for obtaining the benefits you need.

You should see a lawyer about a Long-Term Disability denial as soon as you receive the denial notice. Time limits for appealing denials are often short. Contact the Millar’s Lawyers Team promptly to assess your case, strategize an appeal, and maximize your chances of obtaining the benefits you’re entitled to.

To appeal a Long-Term Disability denial, follow these general steps:

  • Review the Denial Letter:
    • Understand the reasons for the denial and the policy terms that apply.
  • Gather Documentation: 
    • Collect medical records, treatment details, and any evidence supporting your claim.
  • Consult Legal Counsel: 
    • Reach out to the Millar’s Lawyers Team for expert advice. They can review your case, help formulate a strong appeal, and guide you through the process.
  • Prepare the Appeal Letter: 
    • Draft a formal appeal letter addressing the denial reasons and providing evidence to counter them.
  • Submit the Appeal: 
    • Send the appeal letter along with supporting documents to the insurer within the specified timeframe.
  • Follow Up: 
    • Stay in contact with your lawyer and the insurer, ensuring all necessary information is provided.
  • Consider Mediation: 
    • If the appeal is still denied, mediation or negotiation might be explored to resolve the issue.
  • Legal Action: 
    • If all else fails, your lawyer can advise on the possibility of taking legal action.

 

Remember, every case is unique, and legal advice tailored to your situation is crucial for a successful appeal. Reach out to the Millar’s Lawyers Team for personalized assistance throughout this process.

Sexual Assault Victims

We prosecuted rapists and sent them to jail and now we represent victims of sexual assault and hold abusers accountable.  Our successes in this area have made the national news.  We know it is scary and we will be your samurais protecting you while we get you the money you deserve.  Call us for a free consultation.

Damages in a sexual assault civil lawsuit are compensation sought for harm and losses caused by the assault. They include compensation for pain, emotional suffering, medical expenses, lost wages, property damage, and may also involve punitive damages as a form of punishment for the perpetrator. Recent case law has expanded the range of financial compensation for a sexual assault claim, and your lawyer must know how to articulate damages and understand how the human brain responds to trauma if they are to get you what you deserve. For personalized advice, reach out to the Millar’s Lawyers Team.

The time limit to bring a civil lawsuit varies.

In most provinces and situations, victims generally have two years from the date they were capable of bringing a lawsuit. This means the usual two-year limitation period in effect for other cases is more flexible. Canadian courts have determined that victims of sexual abuse are often prevented from coming forward because of the power imbalance their abuser held over them and so have given victims of sexual assault greater leeway to bring a claim when they are ready. Nonetheless, it is imperative you get expert advice as soon as possible to protect your interests.

Recent legal changes in Alberta opened the door to bring historic cases that had previously been barred by provincial limitation laws. For historical sexual assault cases, the statute of limitations can differ. For instance, if the sexual assault occurred after September 15, 2016, you have 15 years from the time you realize the harm. If it happened before, you have 2 years from September 15, 2016, to file.

Keep in mind that these time frames might vary based on individual circumstances and the province you live in. Consult the Millar’s Lawyers Team for accurate guidance tailored to your specific situation.

Historical sexual assault refers to incidents of sexual misconduct or assault that occurred in the past, often outside the typical legal timeframe for reporting or pursuing legal action.

In the context of extended limitations for historical sexual assault cases in Canada, it generally refers to incidents that took place before the recent changes in the law and are now eligible for legal action within specific extended timeframes. For personalized information about your situation, reach out to the Millar’s Lawyers Team.

Yes. Not Guilty does not mean innocent necessarily, as the standard for a criminal conviction is convincing a judge to the point they are sure beyond a reasonable doubt of the accused’s guilt.

This is often referred to as being around 90% sure. In a civil case, the standard is lower. We only have to get the judge to a standard called on the balance of probabilities. This means the judge only has to get to 51% certainty. Just because an accused was acquitted doesn’t mean we can’t get to the 51% standard in a civil case.

To understand your options and the potential impact of dropped charges on your civil case, it’s advisable to consult the Millar’s Lawyers Team.

Slip and Fall Injury

Sometimes you get injured and it is not your fault. Call us when you are injured because of someone else’s negligence.

Responsibility for a slip and fall accident depends on factors like the location and circumstances. It could be the property owner, occupier, or another party responsible for maintenance. 

To determine liability in your specific case, contact the Millar’s Lawyers Team. We assess the details and guide you on potential legal actions.

Yes, there are time limits for seeking compensation after a slip and fall accident, and they can be very different from normal cases, especially if the government is involved in any way. 

In some cases, you have to notify the opposing side within 14 days of the accident to protect your right to sue. This timeframe can vary depending on the specific circumstances and jurisdiction. 

To ensure you meet the appropriate deadlines, reach out to the Millar’s Lawyers Team for accurate guidance tailored to your situation.

If you need to sue an insurance company, there are generally two ways to pay for legal services:

  1. Contingency Fee Basis: Many personal injury lawyers work on a contingency fee basis. This means they only get paid if you win the case. Their fees are a percentage of the settlement or court award. If you don’t win, you usually don’t have to pay attorney fees. 
  2. Hourly Rate or Fixed Fee: Some lawyers might work on an hourly rate or charge a fixed fee for their services. However, this payment structure might not be as common for personal injury cases, especially when suing insurance companies. It’s important to discuss the fee arrangement with your chosen lawyer, including any potential costs, before proceeding.

 

The Millar’s Lawyers Team can provide more information on their specific payment structure and how it applies to your case.

If you fall on public property: 

  • Seek Medical Help: Prioritize your health. 
  • Document: Take photos of the scene if safe. 
  • Report: Inform relevant authorities. 
  • Gather Witness Info: Get contact details from witnesses. 
  • Preserve Evidence: Keep clothing as is. 
  • Consult a Lawyer: Reach out to the Millar’s Lawyers Team for legal guidance.

Medical Malpractice

The most powerful group of lawyers in Canada is the legal team that represents Doctors and Surgeons.  The CMPA (define).  They have a billion dollar war chest and deny all claims regardless of the situation.  Rather than take responsibility for their mistakes and learn from them, they engage in psychological warfare to wear down good people injured by medical malpractice.  It takes a special type of lawyer to fight these battles.  No one wants to sue doctors, they are supposed to help us, but when they are negligent you cannot afford to back down if you are going to protect your family and future.

Call us for a free consultation.

You might have a medical malpractice claim if:

  • A doctor or health practitioner was negligent and breached the accepted standard of care.
  • A breach of the standard of care is found, and the next thing you will need to prove is that the negligence or breach ‘caused’ you harm or damages.

 

Consult the Millar’s Lawyers Team to evaluate your situation. They can assess if your case meets these criteria and guide you on potential legal action.

Hiring a medical malpractice lawyer is stressful, and it is hard to know who is the right fit. We suggest you interview multiple lawyers before making a decision. You need honesty and competence in order to trust that your lawyer will get the job done and can stand up to the CMPA. 

For personalized guidance and effective representation, don’t hesitate to reach out to the Millar’s Lawyers Team.

The Millars Law team has won many high profile cases others thought unwinnable. When your life is on the line and you didn’t do it there is only one team that will use every resource available to win.

Personal Injury Team

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Phillip Millar

Personal Injury Lawyer

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Adam Birch

Personal Injury Lawyer

L.Gen Whelan Statement of Claim

Here is the Certified Copy of the Statement of Claim filed with the Court on May 21 2024 in the above named file. As per R. 133 the Registry has served a copy of the Notice of Application on the Attorney General of Canada on your behalf.