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You came to the right place. Behold, the one-stop-shop to learn more about PainWorth and receive all the answers to your most pressing questions.

Frequently asked questions

Do You Provide Legal Services?

No. We are not a law firm and can not provide legal advice or legal services. We provide self-help information and tools at your specific direction which you may use to understand and settle your own case.

How Much Does This Service Cost?

The service is 100% free for claimants right now. We may change this in the future.

What Should I Know About Negotiation or Litigation?

Claims are resolved in one of two ways: 1) settlement - an agreement between the parties 2) judgment - a binding decision by a 3rd party (usually a court) In most cases, parties work through the court process AND negotiate at the same time. This is because beginning the court process is used to signal the other party that a claimant is very serious about their claim and won’t back down until it is resolved, however, 99.97% of claims are settled before actually entering a courtroom.

How Do I Serve Someone?

After you file your statement of claim, you generally have between 6 month to 1 year to “serve” the defendant (depending on your jurisdiction). There are several ways to serve an individual. The easiest and most reliable method is usually to hire a ‘process server’ to do this for you.
We are currently looking at building a feature to help you do this automatically.
If you would like to donate to the project to help us build new features faster, click here.

How Do I Start My Negotiations?

You will start your negotiations by writing a demand letter (sometimes called a notice letter) after you calculate your damages. A demand letter tells the other party how much money you want to settle your claim, and why. Be sure to include the justifications from your calculation summary page. Send your demand letter to the defendant or their defending insurer.

Do I Need a Personal Injury Lawyer?

That decision is completely up to you. Approximately 60% of PainWorth users are self-represented and managing their own settlement while 40% of users also have a lawyer assisting them.

Why Do So Many People Self-Represent?

Many people simply want to save money on expensive legal fees and some people simply appreciate having direct control over their case. Unfortunately, a lot of other people choose to self-represent out of necessity; because they live in a rural or remote community, because they can’t afford a lawyer or because their case isn’t valuable enough for a lawyer to want to take them as a client.

I Like What You Are Doing. Can I Help?

Yes. If you are a claimant, there are several things you can do to help: you can provide feedback on your experience with the application, you can send us suggestions, and you can anonymously share more information with us which might be helpful for others.
If you are an industry professional, you can contact us and provide us with more insights, feedback or simply inquire about partnership opportunities.

Can I Advance My Own Legal Claim?

Our tool uses common industry accepted methods and techniques to help you research, benchmark and calculate the potential court value of your injury case. In the near future, users in various jurisdictions will also be able to directly negotiate and settle with the other party directly on the PainWorth platform.
We provide online tools for research, benchmarking, fair negotiation and settlement. We provide general information to people about their legal rights, the legal process, and even a directory of legal and professional resources who may be helpful if negotiation and settlement attempts break down.

Who Is This Service For?

PainWorth is for regular people with injury claims and also for injury professionals.

What Should I Know Before I Begin?

In Canada, you must file your statement of claim at a courthouse within 2 years from the date of your incident. If you don’t file and you have not settled your claim before the deadline, then you will lose your right to your claim. You can download a template on your province’s court website. Fill it in and bring it to the courthouse. Your courthouse will have a filing fee.

What is a Statement of Claim?

A Statement of Claim is how you “sue” somebody in order to get a judgement. You have a claim against the other person(s) who caused your injury. They will be the defendant(s). If you were injured in a motor vehicle accident, they probably had insurance. You will sue that person, but their insurer will handle their defence and negotiate a settlement on their behalf.

When Should I Start Negotiating My Settlement

Most people wait 12-14 months before beginning settlement discussions. It takes time to properly determine all your losses and the different ways an injury might affect you for years to come. If you are injured, the most important thing is working on your recovery and taking steps to heal (mitigation). Once you accept a settlement your claim is over and you cannot "go back and ask for more." Most settlements usually happen after 12-14 months when a doctor can confidently determine your "long-term prognosis" and safely say if any injuries have completely healed with no other effects.

What Should I Know About the PainWorth App?

PainWorth helps you determine and justify a potentially fair value for your claim. The app is best suited for claims up to $100,000. Claims that are larger than that are often complex and have other considerations. The app is only as good as the answers you provide and cannot give you advice. Answer questions as honestly as you can. If you don’t know an answer, skip it and come back when you do. Once you have your report and claim calculated you can decide to take your results and begin your settlement with the other party.

What Should I Know About Negotiation My Settlement?

You should expect that the other party will require you to give proof for everything you claim. So be prepared to provide evidence for your claim with medical records, letters from medical and paramedical providers, assessments, receipts for related expenses, employment records, tax assessments or other forms of proof.

Can I Use PainWorth and a Personal Injury Lawyer at the Same Time?

Yes. Of course. The service is free and using it does not constitute any sort of exclusive arrangement for you.

How Does the Service Work?

PainWorth will guide you through some easy, self-directed questions about your injury and then ask you to input some details. The system will return relevant information and calculations based on your inputs. Then you will be directed to some easy next steps you can take to begin preserving and negotiating your claim.

Can I Advance My Own Legal Claim?

Yes. You can advance your own legal claim and represent yourself. PainWorth can not litigate, represent you or advance the court process for you. PainWorth can, however, provide you with resources and information to do so on your own or with a professional, if you want.

I Have Another Legal Matter Unrelated to Injury. Can You Direct Me to Some Resources?

Yes. We are currently compiling a directory of resources for people which will be available soon.