February 17 2015

10 Problems with Personal Injury Claims

An experienced lawyer at Cummings Andrews and Mackay LLP will lessen a lot of the stress surrounding the processes of an injury claim; however, there are a several circumstances that can cause problems with claiming for a personal injury caused by another’s negligence.

The following list includes the top 10 problems with a personal injury claim that you need to consider after an accident:

1. Limitation period

Personal Injury claims must be filed within a specific time-frame. In Edmonton, Alberta, a claim must be filled within 2 years of the accident; however, each accident is specific to its situation, therefore some claims must be filled in less than 2 years.

2. Delay or Failure to Take Action

It is important to contact a lawyer as soon as possible following an accident; your lawyer will need time to collect evidence and prepare your case to meet legal deadlines.

Delaying action limits your opportunity for compensation, and potentially jeopardizes your case’s chance of winning. Failing to take action could potentially put you in a difficult financial situation should you be unable to work or require medical care that extends over a number of years.

3. Don’t tell your Doctor the whole truth or see him/her right away

Absolute honesty is necessary. Should you withhold information from your doctor after an accident could be held against you should you choose to file an injury claim. Medical documents pertaining to your accident related injuries will be required as evidence for your case; any misleading or missed information will impact the credibility of your case.

A postponed visit to your doctor following an accident jeopardizes your doctor’s ability to properly assess and document all injuries related to your accident. Seeing your doctor immediately after an accident will strengthen your case.

4. Misunderstanding what you can claim, even when you contributed to the injury

Doing your homework is key to understanding your rights and obligations when dealing with the circumstances surrounding a personal injury. Many people are unaware or unsure of how large a claim could be or if they have the grounds to file a claim, even if they contributed to the injury.

Our personal injuries lawyers at Cummings Andrews Mackay LLP offer free consultations. We can tell you what can be done with your case, free of charge.

5. Not making contact with the right authorities or knowing who to contact

If you’ve been injured in accident you need to contact the police right away and provide all the necessary information for a police report. You must also advise your insurance company of the accident. Making contact right away will help the strength of your claim and ease the entire process.

6. Lack of evidence

A case is only as strong as its evidence, and you must prove that you were not at fault. The following is a list of evidence that will help strengthen your case:

  • A copy of your police report;
  • Photographs of your injuries and/or the scene of the accident, should you have them;
  • Medical documents related to the accident, and;
  • Other documents, including receipts, that confirm lost income due to the injury.

7. Not Keeping Receipts

All receipts for any out-of-pocket costs toward your injuries are vital in order to ensure that all lost income to injury is compensated for in your lawsuit. Keep all receipts for medical bills, medication and medical bandages, home care assistance (home cleaning), etc. should be kept as evidence for your case.

8. Submitting the Claim Yourself

There are several forms that must be complete when claiming for an accident, and submitting a personal injury claim yourself can be stressful. Suffering from an accident causes emotional distress and can make it even more difficult to heal from your injuries. An experienced personal injury lawyer at Cummings Andrews Mackay LLP handles everything for you so you can focus your attention where it’s needed most – on you and healing your injuries.

9. Accepting an Insurance Company’s Settlement

Once you have accepted an insurance company’s settlement for your injuries then you have forfeited the right to submit a claim through an personal injury lawyer. It is important that you take the time to consider all of your options before accepting any settlement for compensation.

10. Social Media Evidence

Canadian law permits evidence from social media to be used as producible records at trial. It is important that you are careful of the types of activities and comments you post on Facebook, Twitter, Instagram, LinkedIn, or other social media sites that are accessible to the public after an accident, and especially once you file a claim against another party.

In other words, your actions on your social media accounts can be used against you in court should they influence the credibility of your claim.