How to protect your own claim after an accident
1. At the scene of the accident:
When the injuries are serious, critical or catastrophic, the person injured loses consciousness and is transported to a hospital by the time a family member arrives on the scene. If you have a cell phone, take 20 quick photos of the vehicles and the surrounding immediate area of the accident. Take more photos if you have the chance. These photos may reveal information that others may have missed.
2. Early consultation with an experienced injury lawyer:
After ensuring the health and safety of the injured person have been entrusted to medical professionals, in catastrophic cases, it may be critical to preserve the black box data in newer cars in order to prove who was driving how fast when the accident occurred etc... It may also be critical to examine the safety design aspects of the road (such as misplaced warning signs or significant drop-off on the shoulder of the road...), or proper sanding and salting of the road if the accident occurred in the winter. It is best that consultation with a lawyer be done immediately, as there is usually a deadline as early as 7 days after an accident to notify the legal department of the municipality where the accident took place, in order to sue the municipality later.
Remember, it is usually free of charge even for early consultations with the best injury lawyers in the province. You have nothing to lose but many things to protect yourself or loved ones if you can act early. Again, never assume you are too early or too late to act. Prompt or diligent action is usually required.
3. Be honest and fair:
Full honesty is the law and is the best thing you can help yourself. If someone tells you, for example, not to go back to work yet and wait until "after the settlement", that advice appears to contradict the law on mitigation of damages. An injured victim has the duty to take reasonable steps to try to resume his or her normal life including attempting to return to suitable work as his or her medical conditions may permit. Sometimes, you don't know until you try. Therefore, be reasonable, honest and fair. The opposing party is entitled to you following your duty to mitigate. Failing to mitigate might result in a large reduction of your compensation. Honesty is truly the best policy.
4. If in doubt, again, be honest and fair:
Very frequently, injured victims wonder how to answer a question at an examination for discovery or at a medical assessment conducted by an insurance company. Our answer is usually a question: "What do you think you should do?" By answering the question with this question, it reinforces the message that there is only one way to conduct and participate in our legal system, and that is be honest, real, and fair. An honest and credible victim is always appreciated by judges, jurors and arbitrators who will be more than likely to help with a fair verdict when they feel that the victim has not tried to mislead them.
5. Co-operate and unite with your legal team:
Once you feel that you have hired a lawyer you can trust, then trust your lawyer's legal recommendations. You put your financial future, and the reduction of pain and suffering that money may bring, in that lawyer's hand and count on his or her professionalism. The lawyer should be able to return your phone calls and meet with you at important junctures in your case. It is a good sign that the trusted legal advisor should be able to accommodate you to address all of your outstanding questions or concerns. Once you have an experienced and professional lawyer you can trust, co-operate fully with your lawyer. Unite with your lawyer as together you will be a stronger team. Be co-operative and respectful to all the law clerks and legal assistants in the law firm. Consider following your lawyer's recommendations and advice. Your lawyer is not being paid on an hourly basis as victims do not have cash to pay upfront. Your lawyer has to put up a lot of money, time and effort to shield you from the rich and powerful insurance companies during the lawsuit. Find ways to support your trusted legal team, not to undermine them. In that way, the best results to injured victims have a better chance to materialize.
If you believe and take advice from someone else (such as a casual friend, or an acquaintance at a physio clinic, etc...), you may be undermining your own case. You may be tempted to be guided by extraneous considerations rather than facts and reasons that are founded in law. Although you may have a deserving case, you may be contributing to a toxic working environment with your legal representatives. When it has become too difficult or toxic, the relationship may break down and either the lawyer no longer wishes to represent you (as it is permitted in law to do so), or you no longer wish the lawyer to continue to represent you. These situations happen and can be through no-fault of your own. However, if the pattern of a lawyer being removed is repeated, and repeated again, few experienced lawyers would want to become involved with your case. As a result, you may find yourself without experienced representation years after the accident - just when you may need an experienced lawyer the most as there may be a trial or a hearing coming up.
We understand your healthy skepticism before you may reasonably trust anyone including your legal representative. To help avoid future problems, it is hoped that you have done your proper home work and find a competent and professional, experienced lawyer in the first place, especially in catastrophic cases. Once you have done so, you should try to be courteous and rational in return.
1. At the scene of the accident:
When the injuries are serious, critical or catastrophic, the person injured loses consciousness and is transported to a hospital by the time a family member arrives on the scene. If you have a cell phone, take 20 quick photos of the vehicles and the surrounding immediate area of the accident. Take more photos if you have the chance. These photos may reveal information that others may have missed.
2. Early consultation with an experienced injury lawyer:
After ensuring the health and safety of the injured person have been entrusted to medical professionals, in catastrophic cases, it may be critical to preserve the black box data in newer cars in order to prove who was driving how fast when the accident occurred etc... It may also be critical to examine the safety design aspects of the road (such as misplaced warning signs or significant drop-off on the shoulder of the road...), or proper sanding and salting of the road if the accident occurred in the winter. It is best that consultation with a lawyer be done immediately, as there is usually a deadline as early as 7 days after an accident to notify the legal department of the municipality where the accident took place, in order to sue the municipality later.
Remember, it is usually free of charge even for early consultations with the best injury lawyers in the province. You have nothing to lose but many things to protect yourself or loved ones if you can act early. Again, never assume you are too early or too late to act. Prompt or diligent action is usually required.
3. Be honest and fair:
Full honesty is the law and is the best thing you can help yourself. If someone tells you, for example, not to go back to work yet and wait until "after the settlement", that advice appears to contradict the law on mitigation of damages. An injured victim has the duty to take reasonable steps to try to resume his or her normal life including attempting to return to suitable work as his or her medical conditions may permit. Sometimes, you don't know until you try. Therefore, be reasonable, honest and fair. The opposing party is entitled to you following your duty to mitigate. Failing to mitigate might result in a large reduction of your compensation. Honesty is truly the best policy.
4. If in doubt, again, be honest and fair:
Very frequently, injured victims wonder how to answer a question at an examination for discovery or at a medical assessment conducted by an insurance company. Our answer is usually a question: "What do you think you should do?" By answering the question with this question, it reinforces the message that there is only one way to conduct and participate in our legal system, and that is be honest, real, and fair. An honest and credible victim is always appreciated by judges, jurors and arbitrators who will be more than likely to help with a fair verdict when they feel that the victim has not tried to mislead them.
5. Co-operate and unite with your legal team:
Once you feel that you have hired a lawyer you can trust, then trust your lawyer's legal recommendations. You put your financial future, and the reduction of pain and suffering that money may bring, in that lawyer's hand and count on his or her professionalism. The lawyer should be able to return your phone calls and meet with you at important junctures in your case. It is a good sign that the trusted legal advisor should be able to accommodate you to address all of your outstanding questions or concerns. Once you have an experienced and professional lawyer you can trust, co-operate fully with your lawyer. Unite with your lawyer as together you will be a stronger team. Be co-operative and respectful to all the law clerks and legal assistants in the law firm. Consider following your lawyer's recommendations and advice. Your lawyer is not being paid on an hourly basis as victims do not have cash to pay upfront. Your lawyer has to put up a lot of money, time and effort to shield you from the rich and powerful insurance companies during the lawsuit. Find ways to support your trusted legal team, not to undermine them. In that way, the best results to injured victims have a better chance to materialize.
If you believe and take advice from someone else (such as a casual friend, or an acquaintance at a physio clinic, etc...), you may be undermining your own case. You may be tempted to be guided by extraneous considerations rather than facts and reasons that are founded in law. Although you may have a deserving case, you may be contributing to a toxic working environment with your legal representatives. When it has become too difficult or toxic, the relationship may break down and either the lawyer no longer wishes to represent you (as it is permitted in law to do so), or you no longer wish the lawyer to continue to represent you. These situations happen and can be through no-fault of your own. However, if the pattern of a lawyer being removed is repeated, and repeated again, few experienced lawyers would want to become involved with your case. As a result, you may find yourself without experienced representation years after the accident - just when you may need an experienced lawyer the most as there may be a trial or a hearing coming up.
We understand your healthy skepticism before you may reasonably trust anyone including your legal representative. To help avoid future problems, it is hoped that you have done your proper home work and find a competent and professional, experienced lawyer in the first place, especially in catastrophic cases. Once you have done so, you should try to be courteous and rational in return.