If you or someone you love has suffered serious injuries in an accident and are incurring medical bills and missing work because you are in pain and discomfort, it is important to seek legal advice before speaking with the insurance company, even if it is your own.
A Toronto personal injury lawyer will explain your rights and the type of compensation available to you so you can make informed decisions about your future. Consult with an injury lawyer today to begin preparing a case to help recover any damages you may be entitled to.
Filing a Personal Injury Claim
There are several basic requirements an individual’s situation must meet to justify filing a personal injury claim. The most important requirements, however, are evidence of injury and causation. What this means is that the individual involved is responsible for proving they sustained physical, emotional, or financial injury and that another party’s actions caused that individual to suffer the injury.
The types of damages one can recover vary by case. For example, if an individual suffered injuries in a car accident, they can seek compensation through their auto insurance’s Accident Benefits coverage. If another driver caused the accident, they would also have the right to seek additional damages through a third-party liability claim. Proving another person was at fault for the accident and injuries requires evidence such as:
- Police or incident reports
- Photographs or video of the accident scene
- Eyewitness testimony
- Damaged property
If the items listed above are not enough to prove liability, a Toronto personal injury attorney can obtain testimony from an accident reconstruction expert. This expert examines all of the evidence and events leading up to your accident to determine its cause. Proving damages also requires documentation such as:
- Medical records
- Doctor’s prognosis
- Pay stubs
- Expense receipts
When necessary, a personal injury lawyer in Toronto may also work with experts in the vocational or medical fields to determine the impact any injuries will have on the quality of life and ability to return to work and earn income.
Immediately Following the Accident
Immediately after an accident, it is important that an individual is clear about their injuries. Insurance companies want to see that an individual is receiving consistent medical attention and following all treatment orders as they work toward recovery.
If an individual has not done so already, it is imperative to see a doctor as soon as possible. The individual will want to tell the doctor how they received the injuries and why they are in pain. Failure to seek treatment may send a message to the insurer that the injuries are not severe enough to justify filing a claim.
Getting Legal Advice
Once an individual brings forth an injury claim, the insurance company will contact them to learn about the accident and the injuries. The adjuster will likely request to record any statements.
While the insurance adjuster is allowed to record the conversations, there is a high risk of saying something that will permanently ruin any chances of a full financial recovery. Therefore, it is in the best interest of the individual to meet with a Toronto personal injury lawyer for guidance on how to handle communications with the insurance company without reducing the value of the claim.
Completing Medical Treatment
A quick settlement might seem like a relief, but it rarely covers the full extent of the damages. An injury lawyer recommends bringing all settlement offers to their attention before accepting them.
A lawyer can provide an individual with an accurate estimate of the value of the case and advise the individual on how to proceed with the insurance company’s offer.
Value of a Claim
There is no strict formula for calculating the value of a personal injury claim. Instead, a Toronto personal injury lawyer will analyze any current and future expenses and losses such as:
- Current out-of-pocket deductibles for medical care and hospital stays
- Any future estimated medical expenses
- The cost of at-home medical care or assistive devices
- The cost of any rehabilitation and specialized therapy
- Current and estimated future lost wages
- Whether or not the individual will be able to work and earn income in the same capacity as before the accident
- Pain and suffering
- Loss of consortium
- Funeral expenses
A lawyer will often work with experts to provide testimony about the individual’s medical condition and ability to return to their previous work. If it is not possible for an individual to perform their last job, a vocational expert can also address whether or not they are fit to carry out any jobs in their area. If an individual is unfit to work any job, a Toronto personal injury attorney can explore the options for long-term disability benefits.
Contacting a Lawyer
A Toronto personal injury lawyer’s goal is to ease your financial and legal burdens when pursuing a personal injury claim. That is why we do not charge up-front fees to work on your case. Additionally, we do not collect payment for our legal services until you receive a favorable settlement.
Consult with a lawyer today to begin preparing a case to help recover any damages you may be entitled to.