There are things you can do to help strengthen your case in a personal injury lawsuit. You should see your doctor or nurse practitioner regularly, get treatment when recommended, attend all scheduled appointments, keep a diary of your symptoms, keep receipts for medical or housekeeping expenses, use caution posting to social media, and consider hiring an experienced personal injury lawyer.
Keep a diary of your daily or weekly health
Making note of problems you are having, activities that are restricted, or discomfort or pain you feel when working or doing housework, for example, will be helpful if you’re ever asked to recall how your injuries affected you. Furthermore, recording positive progress and measures you are taking to help you cope can offer some relief, satisfaction, and hope as you heal.
Make copies of medical bills and other expenses related to your injuries
Keep track of any out-of-pocket costs you incur as a result of your accident injuries. This includes tracking mileage to and from treatment appointments.
If you are paying cash for services like housekeeping or lawn maintenance, you can record payments or get a note from the person doing the work, even if it’s a family member. It doesn’t have to be a formal invoice or receipt. Remember, the family member is doing this to help you, not to save the insurance company from having to provide you with fair compensation.
Use caution when posting on social media
Insurance companies will comb through an injured person’s social media to try to paint a positive picture of your life and put into question the extent of your injuries. If you post about a vacation or activities where you don’t mention your restrictions or pain, it could be used by the insurer to downplay your injuries. Increasing your privacy settings will not help. Through the legal process, an insurance company’s legal representation can gain access to content that would otherwise be private. The simplest solution is not to post at all, however if you do, keep in mind that this is something that can be accessed as your case progresses.
Speak with your doctor often and explain your symptoms in detail. Don’t downplay your injuries.
It’s important that your doctor be updated on your condition regularly. This helps you medically since they can recommend further treatment and helps legally since it documents your effort to get help and recover. In many provinces it is difficult to get a family doctor, but there are some services available such as virtual care and telehealth doctors and nurse practitioners that are also effective.
Be honest with your doctor. Don’t downplay your injuries. It is important to accurately express the impact your injuries have on your quality of life so your lawyer can build a strong case for you.
Settle your claim after your injuries have healed or once a doctor has determined if you will fully recover
It takes doctors about one year to determine the extent of your recovery if your injuries are moderate, and about two years if your injuries are severe. If you accept an offer before the extent of your injury is fully understood, you risk not being compensated for all future losses. To make sure you are being fairly compensated, book a free consultation to discuss your claim with a lawyer before accepting a settlement offer.
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MacGillivray Law is a personal injury law firm with offices in Nova Scotia, New Brunswick, and Newfoundland and Labrador. We serve clients all across Canada.
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