Should you represent yourself in your own injury claims?
The law allows a victim, who has mental capacity, to represent herself without a lawyer. This is however rarely helpful or productive for you or for the participants in the legal systems including defence lawyers and judges. In reality, more than 99% of victims are legally represented in their tort claims against the parties who caused the accidents.
For your accident benefits claim, it does seem to be only a matter of filling forms to get paid. You may therefore ask why should you need to pay a lawyer? There is no clear answer that is applicable to all situations. We provide some information below and leave it to you to decide for yourself.
In serious or catastrophic cases (such as cases where you have broken bones, a brain injury, losing hearing or eyesight etc...), you should know that virtually all victims do eventually hire lawyers to protect their interests. Some hire earlier than others by a matter of months. For serious and catastrophic cases, we do recommend hiring leading specialists as verified by the Law Society of Ontario as discussed under our "Find Best Injury Lawyers" webpage. Without a qualified lawyer, the chance of messing up your own claim where serious or catastrophic injuries are involved is just too great. Sadly, in some rare situations, some victims still insisted on representing themselves, relying on their university-educated children or spouses, only to find their claims thrown out. By then, it is practically too late for any repairs - although there might be small exceptions to allow repairs.
When you represent yourself, there are many potential problems you will need to recognize but for which you may not be equipped to do so. As an example, you made your application and the insurer started paying your weekly income loss benefits. Six months later, the company sent you to doctor A, a psychologist. The doctor says you are mentally disabled and therefore the company continues to pay you the benefits. Another nine months later, the company wants to send you to doctor B who is also a psychologist, as it has the right to re-assess you periodically. This doctor says you are not disabled and your benefit is stopped. Frequently, this is the time self-represented victims usually look for a lawyer. The problem in this situation is that the company may have engaged in "doctor-shopping" by shopping with a second psychologist because the first one was not in its favour. You did not know that doctor-shopping is not allowed. It is both unfair, and an unreasonable invasion of your privacy because of the unnecessary disclosure of your personal life details to the second doctor. There is a good chance the first doctor, when assessing you a second time, would still be in your favour and your benefits would not be stopped.
There are other situations when you represent yourself because you do not have a choice. You sought representation but lawyers and paralegals do not wish to take on your case (for examples, when you are at fault for the accident and your injury are not visible and you do not have a working or employment history, with a pre-existing history of complex medical problems). You are forced to be on your own. To be of some assistance, we offer the following comments of general application, noting that these are not legal advice as explained in our legal disclaimers:
1. Be honest and accurate in your dealing with the company. If you have a little pain, say a little pain, but not inaccurately say "a lot", or "no" pain; or no tingling or no numbness if you in fact still experience a little bit. If you have no pain or no problems, then say so, clearly, when asked. You will be asked. Describe all your problems fully to your best ability. Do not stress yourself to be perfect, but do try your best.
2. The company must treat you in good faith, that is the law. They must help you to understand the forms, how to fill them. They must be helpful and courteous. They cannot bully you or stonewall you by avoiding your calls or emails. If you have questions they must be helpful. They owe this professional and contractual duty.
3. Some companies may make you an offer to settle your claim on a full and final basis even if you do not have a lawyer. The law requires them to provide you with a full description of your benefits that you may be settling. Read them carefully and there is no rush to do this. Take days or a few weeks if you really need to. There may be an applicable two business day cooling-off period after signing the settlement during which you may change your mind without having to explain or have any reason whatsoever.
4. It is impossible for us to be of any help in answering the next question you may have: how much should you settle for? That can only be answered by your own legal representative who knows the complete facts of your case, who is liable to be sued by you if she is negligent in her legal advice, and who should be paid for her legal advice. But if you still hesitate and worry that your settlement may not be fair to you, you should take some time to think it through. Ask yourself what you are worrying about. Are you still feeling some bad symptoms? Do you have bad days sometimes? If you still have those concerns despite more than a year has passed since the accident (as the law does not allow settlement of accident benefits within one year of the accident date), it may be a good time now to discuss with a qualified lawyer again. Time may have shown that your case may be one of the cases where problems do not go away as they usually do. In fact, now your small accident may be not so small after all. It happens. Experienced and specialist lawyers should recognize this.
5. If you do decide to go ahead and settle, make sure that all treatment accounts to date are to be paid by the company, in order to avoid disputes later when a rehab company comes to you asking for payment. You may consider asking the company write on some settlement documents that "In addition to the amount of full and final settlement, the company pays all existing treatment accounts at rehab company A, company B, etc." This request may require you and the insurance company to clarify which rehab companies etc... so both sides are properly protected.
The law allows a victim, who has mental capacity, to represent herself without a lawyer. This is however rarely helpful or productive for you or for the participants in the legal systems including defence lawyers and judges. In reality, more than 99% of victims are legally represented in their tort claims against the parties who caused the accidents.
For your accident benefits claim, it does seem to be only a matter of filling forms to get paid. You may therefore ask why should you need to pay a lawyer? There is no clear answer that is applicable to all situations. We provide some information below and leave it to you to decide for yourself.
In serious or catastrophic cases (such as cases where you have broken bones, a brain injury, losing hearing or eyesight etc...), you should know that virtually all victims do eventually hire lawyers to protect their interests. Some hire earlier than others by a matter of months. For serious and catastrophic cases, we do recommend hiring leading specialists as verified by the Law Society of Ontario as discussed under our "Find Best Injury Lawyers" webpage. Without a qualified lawyer, the chance of messing up your own claim where serious or catastrophic injuries are involved is just too great. Sadly, in some rare situations, some victims still insisted on representing themselves, relying on their university-educated children or spouses, only to find their claims thrown out. By then, it is practically too late for any repairs - although there might be small exceptions to allow repairs.
When you represent yourself, there are many potential problems you will need to recognize but for which you may not be equipped to do so. As an example, you made your application and the insurer started paying your weekly income loss benefits. Six months later, the company sent you to doctor A, a psychologist. The doctor says you are mentally disabled and therefore the company continues to pay you the benefits. Another nine months later, the company wants to send you to doctor B who is also a psychologist, as it has the right to re-assess you periodically. This doctor says you are not disabled and your benefit is stopped. Frequently, this is the time self-represented victims usually look for a lawyer. The problem in this situation is that the company may have engaged in "doctor-shopping" by shopping with a second psychologist because the first one was not in its favour. You did not know that doctor-shopping is not allowed. It is both unfair, and an unreasonable invasion of your privacy because of the unnecessary disclosure of your personal life details to the second doctor. There is a good chance the first doctor, when assessing you a second time, would still be in your favour and your benefits would not be stopped.
There are other situations when you represent yourself because you do not have a choice. You sought representation but lawyers and paralegals do not wish to take on your case (for examples, when you are at fault for the accident and your injury are not visible and you do not have a working or employment history, with a pre-existing history of complex medical problems). You are forced to be on your own. To be of some assistance, we offer the following comments of general application, noting that these are not legal advice as explained in our legal disclaimers:
1. Be honest and accurate in your dealing with the company. If you have a little pain, say a little pain, but not inaccurately say "a lot", or "no" pain; or no tingling or no numbness if you in fact still experience a little bit. If you have no pain or no problems, then say so, clearly, when asked. You will be asked. Describe all your problems fully to your best ability. Do not stress yourself to be perfect, but do try your best.
2. The company must treat you in good faith, that is the law. They must help you to understand the forms, how to fill them. They must be helpful and courteous. They cannot bully you or stonewall you by avoiding your calls or emails. If you have questions they must be helpful. They owe this professional and contractual duty.
3. Some companies may make you an offer to settle your claim on a full and final basis even if you do not have a lawyer. The law requires them to provide you with a full description of your benefits that you may be settling. Read them carefully and there is no rush to do this. Take days or a few weeks if you really need to. There may be an applicable two business day cooling-off period after signing the settlement during which you may change your mind without having to explain or have any reason whatsoever.
4. It is impossible for us to be of any help in answering the next question you may have: how much should you settle for? That can only be answered by your own legal representative who knows the complete facts of your case, who is liable to be sued by you if she is negligent in her legal advice, and who should be paid for her legal advice. But if you still hesitate and worry that your settlement may not be fair to you, you should take some time to think it through. Ask yourself what you are worrying about. Are you still feeling some bad symptoms? Do you have bad days sometimes? If you still have those concerns despite more than a year has passed since the accident (as the law does not allow settlement of accident benefits within one year of the accident date), it may be a good time now to discuss with a qualified lawyer again. Time may have shown that your case may be one of the cases where problems do not go away as they usually do. In fact, now your small accident may be not so small after all. It happens. Experienced and specialist lawyers should recognize this.
5. If you do decide to go ahead and settle, make sure that all treatment accounts to date are to be paid by the company, in order to avoid disputes later when a rehab company comes to you asking for payment. You may consider asking the company write on some settlement documents that "In addition to the amount of full and final settlement, the company pays all existing treatment accounts at rehab company A, company B, etc." This request may require you and the insurance company to clarify which rehab companies etc... so both sides are properly protected.