Eight (8) Common Mistakes When Handling Your Own Personal Injury Case - You Need an Ottawa Personal Injury Lawyer - Plant Quinn Thiele LLP

Eight (8) Common Mistakes When Handling Your Own Personal Injury Case - You Need an Ottawa Personal Injury Lawyer - Plant Quinn Thiele LLP

In our experience, these are some of the most common mistakes people make when handling their own personal injury case:

1. No Preparation: The client does not prepared for their initial meeting with the insurance adjuster. There are many steps to take prior to meeting with the adjuster. For instance: (a) get the facts straight so as to avoid errors in the facts or inconsistent statements; (b) obtain medical evidence, both of the injury and any prior health/injury issues; (c) know your rights and interests and (d) the ground rules for the meeting (Will it be without prejudice? Will you be asked to sign a statement? Will you be asked to sign release forms?).
2. No Consideration for Being At Fault: If you believe you may be partially at fault for the accident, you must obtain legal advice prior to any meeting with an adjuster. The law of contributory negligence is complex and can greatly reduce your monetary damages. Unless you prepare in advance with legal information you require in order to discuss this issue (with legal advice obtained in advance), you could severely jeopardize your claim.
3. No Regular Treatment: After an accident, you should consult a physician and continue to see your physician on an ongoing basis. You should receive regular treatment and follow-up so that the full extent of your injury or injuries are known and are treated. If you have ongoing pain, you should consult your physician at least monthly (consult your own physician to determine the frequency of visits needed for your particular injury / injuries).
4. Treatment by Too Many Physicians: More is not necessarily better. Some people believe that being treated by as many physicians as possible shows great injury and is therefore better than being treated by one or two physicians. In reality, you should be treated by only the physicians that are actually actively treating you for your injuries. The best course is to ensure you have a "family" physician and that you follow the recommendations of your family physician who will likely refer you to the needed medical experts. You should follow the advice of those medical / health experts. The worse thing to do is attend a series of walk-in clinics (with different physicians seeing you each time) who may not keep as concise and comprehensive notes as your family physician might. If you are unable to locate a family physician, select one physician at one walk-in clinic and see only that physician regularly (book your next appointment as you leave with that physician).
5. Agree to Independent Medical Examinations Without Knowing All the Facts: The insurance companies often use the same physicians to complete independent medical examinations. These are not your physician but specialists hired by the insurance companies. The report from such a specialist may well harm your claim. You will not necessarily know that your case has been jeopardized because the medical report of the specialist will not likely been given to you.
6. Agree to a Settlement without Legal Advice and/or Settle Prematurely: You agree to settle your case with a reduction for contingencies such as employment insurance, taxes, disability payments, contributory negligence, litigation risks, etc... These reductions, if applicable to your case, can be reviewed by your personal injury lawyer to ensure that they are fair and reasonable, allowed at law or applicable to your case at all.
7. Agree to take a Occupation Capacity Valuation or a Work Capacity Evaluation Without Knowing All the Facts: These valuations should be completed by a neutral company that specializes in this industry and who does not work exclusively for insurance companies. If properly completed, these valuations can prove your limitations such as inability to work and perform household chores etc.... In many cases, if the insurance company controls the process, you can end up with a bad report and the insurer will insist that you are able to work full time.
8. Do Not Keep a Journal of Treatment and Symptoms: If you do not maintain a journal of your treatments and symptoms you suffer from, you will likely forget the full extent of how the injuries affected you over time. You should maintain a regular pain journal written each day contemporaneously with your pain and symptoms which journal can be used to refresh your memory.

Call Marc-Nicholas Quinn at Plant Quinn Thiele LLP - Ottawa Personal Injury Lawyers. 613-563-1131.