Da Silva Legal Services Professional Corporation
Oshawa Personal Injury Lawyer
Accidents happen all the time and when they happen, they cause serious repercussions in one’s life. However, when such accidents are as a result of another person’s negligence or act of recklessness, you have the right to file a compensation claim against them. You simply shouldn’t pay the price! Oshawa personal injury lawyers play a crucial part in helping accident victims to work with the various insurance companies in question to obtain a fair compensation for all the damages realized.
Actions to take following an accident
Immediately you are involved in an accident, you need to notify the insurance company in question then contact an experienced personal injury lawyer who will work to build the case on your behalf. Remember, pursuing a personal injury claim on your own can be really difficult and considering the fact that insurance companies have the resources and experienced lawyers to represent them, you may be disadvantaged in a number of ways that may result to receiving a lesser compensation than you really deserve or getting denied the compensation in totality!
Whatever action taken in the days after an accident will greatly impact your case. With the insurance companies keen on such actions, they might find their way to refute the claim on simple grounds like lack of truthfulness or filing the claim out of time and so on.
As experienced Oshawa personal injury lawyers, we suggesting that you undertake the following after getting involved in an accident so as to protect the value of your claim;
- Seek medical care
All medical records from doctors’ visitations are the only proof that you indeed sustained injuries and that the injuries are related to the accident. It is therefore necessary to seek medical care immediately even if you are not in pain.
To prevent suspicion of exaggerating injuries, you are advised to continue attending appointments and taking medications as directed. In the process, you will need to explain to the doctors how the injury was sustained for instance slip and fall due to poor lighting of the walkthroughs.
- Hire a personal injury lawyer and never give insurance companies a statement
Always heard of the statement,”you have the right to remain silent lest whatever you say be used against you in a court of law?” the same applies when it comes to insurance companies. Immediately you report or notify the insurance company in question that you have been involved
in an accident, they are likely to call back to get a statement which they will record as they ask more details about the accident and your injuries.
The personal injury lawyers defending the insurance companies are smart and experienced professionals who are likely to dig deeper into the recorded statements for information they will use to refute your case or claim.
- Never sign any agreement
On the other hand insurance companies may be reaching out for you to sign an agreement to be offered compensation even before assessing the extent to which the accident has affected you. Actually many people give in to such tricks just to realize, at the end of the day, that they received compensation worth way too low what they deserved. Any time they try contacting you for the same, refer them to your personal injury lawyer. That should be the primary rule when dealing with insurance companies immediately you are involved in an accident.
Proving the claim
The hardest part of any personal injury case is proving the claim. That is why you need to work with experienced and highly knowledgeable Oshawa personal injury attorneys who will take the burden of proving negligence on the part of the other party leading to the accident.
The lawyers are experienced in carrying out extensive investigation and collection of evidence concerning the cause of the accident by checking out police incident reports, eye witness statements, medical reports, photos and videos of the scene of accident and paystubs to demonstrate the extent of the damages.
The personal injury attorneys on the other hand may work with other professional experts such as accident reconstruction experts to deeply analyze the details of the accident then come up with an expert’s testimony which will help when proving the party that is fault for the accident.
In case the sustained injuries may hinder you from going to work for a long time, then the lawyers will work with medical doctors to provide a professional testimony to be used when proving your risk of future impairment.
Worth of the claim
Experienced personal injury lawyers with the help of other professionals will come together to determine the exact amount of compensation that may be worth the financial and emotional damages resulting from the accident to the victim and the family at large. While calculating the worth of the claim, the following aspects are looked into;
- Medical expenses
- Past and future income losses
- Physical impairment (temporary or permanent)
- Loss of earning opportunities like promotions, commissions and raises
- Effects of the accident on mental health and family life
- Possibility of deterioration of victim’s condition over time
- Rehabilitation and future care and treatment costs
Once all these and other aspects are factored in the formula used in calculating the worth of your claim, they will present the evidence they have and argue the case in a way to hold the party at fault liable and entitled to pay for the damages or negotiate with the insurance company for a fair settlement for the damages resulting from the accident.