If you have been injured in an accident, you may be entitled
to compensation from the person who is at fault. The guidelines
below are a list of 10 steps to follow respecting your claim:
1. See your doctor, physiotherapist, chiropractor or other appropriate
health care provider as soon as possible after the accident.
This is important, not only for medical reasons, but also to ensure
that you cannot later be held partly responsible for failing to
take reasonable steps to seek treatment for your injuries and
to ensure that you have medical experts who can testify about
your injuries.
2. Contact your insurer if you are in a motor vehicle accident
and advise them of the accident. In addition to any collision
coverage which you may have, your own insurance policy automatically
allows reimbursement of some medical expenses up to a certain
limit and will pay you a maximum of $300.00 per week for two years
if you are totally disabled and cannot work.
3. You should contact a lawyer as soon as possible after the accident.
You can attempt to resolve your claim on your own but, since
an insurance professional will be representing the person at fault,
you are at a distinct disadvantage without legal representation.
Further, there are strict time limits for bringing a claim for
damages for personal injuries and for receiving benefits from
your own insurer. Your lawyer can advise you of these and explain
the process involved in making your claim. If you have already
received a settlement offer before contacting a lawyer, you should
be aware of the risk in settling too quickly. Once you have accepted
a settlement offer, you cannot later claim for more money if your
injuries take longer to resolve or turn out to be more serious
than you originally expected. Your lawyer can advise you as to
the amount of compensation you are entitled to receive as well
as when you should consider discussing settlement.
4. Take photographs of your injuries, your vehicle, and the accident
site. These can be used as evidence later on. Be sure to keep
a record of the dates on which any photos are taken and indicate
who took the photos.
5. Keep an ongoing record of your injuries and their effect on
your life. This will help to inform your lawyer and refresh your
memory. Be aware that any record which you keep may have to be
provided to the opposing side, especially if you prepare the records
prior to retaining a lawyer.
6. Prepare a written statement as soon as possible after the accident
setting out all details of the accident. Include a list of names
and telephone numbers of any witnesses to the accident. Keep
in mind that any written statement may be used in court unless
you prepared the statement for the purpose of informing your lawyer.
7. Keep receipts for all medical expenses and other expenses relating
to the accident. Some of these can be recovered from your own
insurer. The remainder can be claimed against the person at fault.
8. Be prepared to discuss your past medical history. This may
be a factor in the amount you can claim for your injuries resulting
from the accident.
9. Follow the treatment prescribed by your doctor, physiotherapist,
chiropractor or other health care provider. Attend all appointments
booked including referrals to other medical specialists and appointments
for tests ordered by your health care provider. You are obligated
by law to take reasonable steps to reduce your damages. If you
fail to follow the treatment that has been prescribed, the amount
of your claim may be reduced on the basis that you are partly
responsible for the extent of your injuries.
10. Finally, you should avoid discussing your claim with the insurance
company for the person at fault. Any statements which you make
may be used in court. Instead, it is preferable for your lawyer
to handle all communications with the opposing insurer.