Time needs to pass before you fully understand the extent and nature of your injury. Minor pains and injuries may bring you discomfort for a couple of weeks after an accident. And minor injuries may lead to serious ones. Now, should you consider the filing of the insurance claim or a lawsuit with a personal injury attorney an immediate task? Read on!
When to File an Injury Claim?
If you are still undergoing a medical treatment for your injuries, have the claim process begin. Do not wait until 
you can feel the need for help. If you plan to sue someone, bear in mind that there are deadlines in filing a lawsuit.
First, you must understand that there are things that you need to prepare before taking the process to commence. Have you noted down all important information regarding the accident? As much as practicable, you should scribble all accounts while your memory is fresh. Keep a log of all your actions and medications following the accident. Take photos of the injury.
Obtain the Services of a Personal Injury Attorney
Whether you are planning to file an insurance claim or a legal proceeding, choosing the best lawyer is necessary. A personal injury attorney is beneficial even for small claims. The lawyer is absolutely necessary, as well, if you are suffering severe injuries or in the case of wrongful death.
Moreover, insurance companies have their own set of legal counsels. Nonetheless, you cannot trust these lawyers. Settling claims on your own may end you on the losing side. You will certainly get a penny instead of dollars! With an own attorney on your side, you will surely get bigger and better deals.
Needless to say, before you start the retainer’s clock ticking, ensure that you feel comfortable dealing with your personal injury attorney. Observe how he operates his office—will you be dealing with his paralegals only? Is he a hands-on lawyer who will deal with you personally?
Investigation and Evidence Collection
The personal injury attorney begins his work through a thorough interview with you. Questions include how, when and where the accident happened, your personal background, medical condition, and the treatment you are having. Lawyers hate surprises so be truthful with all your answers.
The lawyer and his personal investigators will then gather all the necessary records. These records include medical bills and history of treatment that are all related to your accident. 
Apart from medical records, he will also collect reports from the police and other authorities. Part of his investigation is to determine the cause and effect of your injuries, the claim’s worth and the possibility to pursue a lawsuit. He tells the client early on about what to anticipate in legal proceedings.
Personal Injury Attorney versus the Insurance Company
At the onset, the lawyer will send a demand letter to the insurance company. In most cases, personal injury claims settle without filing a lawsuit. However, in special cases like wrongful death and permanent disability, a good attorney settles in filing a suit. On some cases, your personal injury attorney will also suggest the filing of a lawsuit if the insurance adjuster undervalues the claim.
Filing the Lawsuit
The statute of limitations, the timeline, and dates of cut-off vary from province to province. In Ontario, the Limitations Act allows the filing of a legal suit within 2 years from the date of the accident. This is for victims of car, bicycle, and the likes. Failure to do it within that duration will mean disentitlement to compensation. Nevertheless, there is an exception to this rule depending on your circumstances.
Two years seem a longer period but never be complacent. It is ideal to file your compensation claim within 120 days. The aim is to preserve the interest of pre-judgment. Do not wait for 2 years before filing a claim.
Many injury victims consider filing a claim on their own. It is a risky decision. Remember, insurance companies exist not for your welfare but for the welfare of their interests—the accumulation of PROFIT! Always ask the help of a personal injury & accident lawyer in Brockville. He lets you know your rights and protects your best interest!
Recent Comments