You have a lot on your mind after a car accident. Pain. Disability. Financial pressures. Nagging in the back of your mind on top of that is the thought that your should claim compensation for your pain. These 11 steps will help your claim down the road.
#1: Keep a record of all expenses and days lost from work due to your injuries. Your lawyer will get written documentation from your employer to verify the lost earnings. If your injuries are preventing you from returning to work or school, ask your doctor for a note confirming you cannot attend.
#2: Keep track of the time spent by friends and family to look after you and to take over your household and family obligations.
#3: Keep all bills and receipts related to your accident. If you don't save them, you may not be able to prove the amount of your damages. Be sure to save everything: hospital charges, pharmacy bills, therapy bills and all other bills you incurred because of your accident. If you buy over-the-counter pain medicine, heating pads, crutches, clothing to go over casts or braces, or similar items, you may be able to recover these expenses.
#4: Know all your injuries. Injuries caused by accidents may not develop into symptoms for days -- even weeks. As a result, in the days following your accident, you must avoid describing your injuries with the claims adjuster.
#5: Do not ignore the emotional toll of an accident. If you are having flashbacks, nightmares, anxiety, fear or sleep disturbance, you might benefit from a psychological assessment. Ask your doctor for a referral. If your doctor or family members suggest this type of treatment, take them up on it.
#6: Keep a journal of your experiences. Record sleepless nights, pain relief needs and limitations on your regular activities. Make a note of special events, hobbies or outings that you missed because of the accident.
#7: Know your sources for insurance coverage. Often an accident victim can legitimately benefit from multiple insurance policies simultaneously. Yet many accident victims don't know where to look for various insurance coverages. Your lawyer will help you determine whether you can collect from more than one policy.
Obviously these measures can be difficult if you are hurt... A personal injury lawyer can relieve you of most of the burden by assuming responsibility for many of these tasks.
#8: Follow your physician's orders until your physician determines you are released. Some patients abandon their rehab regime before their physician has determined it is complete. Your doctor knows the complications that could result from your injury. The type of injury may be complex and the mere fact that you are no longer in pain does not mean that your injuries have fully healed. Your accident benefit insurance company may cover you for treatment that is not covered by OHIP. Your lawyer can help you access these benefits.
#9: Consider and be prepared to file a lawsuit if the settlement offer is not fair. After your rehabilitation is complete, get ready to issue your legal claim.
Insurance companies usually get serious about settling your claim if they see that they will have to start paying lawyers to defend your lawsuit.
#10: Ask a qualified, experienced personal injury trial lawyer to evaluate your case. You probably had a doctor evaluate your injuries. Don't you think it is sensible to have a legal professional evaluate your potential legal claim? An experienced personal injury trial lawyer can help you by reviewing your file. He/she will carefully review the police report, doctors' statements, therapy bills, time lost from work and other information. Then, he/she can give you an informed opinion about the estimated value of your case. If you'd like us to evaluate your case, please don't hesitate to call.
#11: If you decide to hire a lawyer, choose one who isn't afraid to go to court. Insurance companies and their lawyers keep tabs on plaintiff side lawyers. They know which lawyers will take them to court -- the fighters. And they know which lawyers will not go to court -- the settlers. The fighters usually get more money for their clients than the settlers. Take the time to review your situation with an experienced accident lawyer.
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Brenda Hollingsworth and Richard Auger are personal injury trial lawyers at Auger Hollingsworth in Ottawa, Canada. To obtain their free book "An Injured Victim's Guide to Fair Compensation" contact them at http://www.ottawalawfirm.ca ; info@ottawalawfirm.ca or 613.233.4529
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
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