You have been injured in an accident. Whether it was a motor vehicle collision, a slip and fall, or an injury due to someone else's behaviour, your life has been changed. You know that you're entitled to compensation for your injuries, missed time from work, and any treatment you have had to pay for, but you're not sure what your claim is worth.
Assessing the value of your claim is essential to navigating your case. A failure to do so can lead to inadequate compensation, which can leave you struggling after your injuries. Figuring out what your claim is worth is a complicated process. Here are five strategies that you can use to help make sure you know the value of your claim.
1. Be proactive
When you are injured, it can often be a scary, confusing, and painful time. It may take you a long time to recover form your injuries – or you may be dealing with injuries for the rest of your life. However, it is important to be proactive in pursuing your claim. Waiting too long to bring your claim, not starting treatment, or not keeping records of your time off work can all prevent or limit your ability to successfully recover your losses.
2. Gather evidence
Your injuries and the consequences from those injuries may be assessed by the other party, insurance companies, and lawyers. While your testimony usually carries some weight, it is important that there is evidence to support it. If you have been injured and anticipate needing to file a lawsuit for compensation, gathering evidence is an essential element of building your claim.
Often it is important to start gathering evidence as soon as you have been injured – of course, only if you are able. If there may be a dispute regarding how your accident happened and/or who is at fault, it is important to document what happened, such as taking photos of the scene and obtaining contact information for any witnesses.
Another very good way to gather evidence is to go to treatment. Your treatment providers take a record of your symptoms, the steps you are taking to improve, and how – if at all – the treatment is helping you. A clear record of the effort you have put in, how it has or has not helped, how often you are attending, and who you are seeing (and that your treatments were recommended by a doctor) provides evidence of what your injuries are, and how you have tried to heal.
Other important evidence to gather early in the process includes things like work records related to time off, creating a pain journal to keep track of how you feel each day, and receipts and documentation related to equipment or treatments you have had to purchase or pay for.
3. Understand the value of your claim
While everyone reacts to and recovers from injuries in their own way, and on their own schedule, some injuries are more severe than others, and some are easier to quantify. Permanent quadriplegia will probably have a larger impact on someone's life than a fractured wrist. The value of your claim will be based on the impact of the injuries on your life, as well as precedent cases with similar injuries.
It is also important to understand what damages you may be entitled to and how they are calculated. The main categories of damages are pain and suffering, past and future income loss, and past and future treatment expenses.
4. Check for Insurance – both theirs and yours
When you are involved in an accident, the other party will often have insurance which may cover compensation for injury. Figuring out whether the other party is insured, by whom, and how to contact that insurer are essential to receiving compensation for your claim.
Insurance companies are often more responsive, more knowledgeable, and have authority to provide payment for injury, treatment, or missed time from work. Getting the appropriate information from the other party, so you know who to submit a claim to, can help make the process much faster and smoother.
Similarly, be aware of what your own insurance policies cover. In Alberta, some compensation for injuries in motor vehicle accidents comes directly from your own insurer, not the other party's. Your home insurance may cover treatment for certain injuries, or compensation for missed time at work. Similarly, your employer may provide coverage for missed time off work through a benefits package. These benefits may not be triggered unless you notify your own insurance that you need to make a claim. Being aware of your own policies and coverage can be just as important as learning about the other party's coverage.
5. Speak to a lawyer
The world of personal injury damages, treatment, and compensation is a complicated and complex one. There are many steps in the process that require specialized knowledge or training. Lawyers have already received the necessary training and education to know how to best approach these problems. They are aware of issues like limitation dates, have experience negotiating with insurance companies, and understand the rules of court and how to proceed to trial, if necessary.
If you have been injured in a slip and fall, are a victim of assault, or were involved in a motor vehicle accident, Watson Goepel's experienced team of lawyers may be able to assist.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.