Injured In An Accident? Here's How To Build A Strong Case With Good Records

If you are injured due to another person's negligence, you might be able to recover money for your losses through a personal injury lawsuit. The purpose of a personal injury lawsuit is to put you back in the position you would have been in had the wrong not occurred.

As the plaintiff, or person who starts the lawsuit, it would be your job to prove your case. You need to show three main things:

1. The other person was at fault (liability);
2. You suffered losses (damages); and
3. Your losses were caused by the other person's fault (causation).

Damages in personal injury cases can be broadly categorized into:

• General damages (non-pecuniary losses like pain and suffering)
• Special damages (pecuniary losses like medical expenses, lost income, and out-of-pocket expenses)
• Future costs (future pecuniary losses like care costs, housekeeping expenses, economic losses, etc.)

This article will help you understand what you can do to prove your injuries and losses in a lawsuit.

Understanding the Burden of Proof in Civil Lawsuits

In Ontario, the burden of proof in a civil case is on the balance of probabilities. This means that it is more likely than not something is true. While this standard is lower than the criminal standard of "beyond a reasonable doubt," it still requires credible, consistent, and detailed evidence.

Tips for Collecting Strong Evidence

Each category of damages requires different types of evidence. Here are some ways to gather evidence:

1. Document Your Injuries

a. Medical Records

Medical documentation is the cornerstone of any injury claim.

It is important to seek medical attention immediately after the incident. First and foremost, the physicians need to assess your injuries and treat you to prevent any serious complications. From a legal perspective, the longer you delay in seeing a doctor, the harder it will be to prove that the accident you are suing for caused your injuries.

Every time you see medical professionals, they keep clinical notes and records of the encounter. Regular updates to your healthcare team ensures that there is a detailed record of your ongoing injuries and impairments. It is important to keep your doctor up to date on your symptoms so that they can recommend appropriate treatment to help treat your symptoms.

If you show up at trial after 5 years and you have only seen your doctor a handful of times, a jury might think your injuries are not that serious, otherwise you would have sought treatment.

Your lawyer will order copies of your medical records, including emergency room reports, diagnostic imaging, specialist consultations, and prescription records.

b. Rehabilitation records

Chances are you will be seeing your rehabilitation team much more frequently than a physician. Your physiotherapist, chiropractor, massage therapist, or whoever else you are seeing will also be keeping clinical notes and records about what you tell them in appointments. If a treatment is helping, or if your symptoms get worse when there is a gap in treatment, it is important to tell your treatment providers this information.

c. Pain Journals

If you have the capacity to do so, it may be helpful to keep a pain or symptom journal. You can record the frequency and severity of your symptoms. If your symptoms are interfering with your activities of daily living, describing exactly how they impact you can be helpful when you need to give specific examples later on.

d. Photographs

Another way to help prove your damages is with photographs. Collecting a few photographs of you doing some of the things you enjoyed most before the accident can be a great way of illustrating your baseline. The closer to the time of the injury the better.

2. Use Witness Testimony
a. Medicolegal Assessments

In addition to your treatment team, you will likely need to attend several medicolegal assessments. These are assessments with experts hired by your lawyer, or the other lawyers, to give an opinion to be used at Court.

Examples of common medicolegal assessments include physiatry assessments, psychology or psychiatry, vocational assessments, future care cost reports, and economic loss reports. It is important to be honest and thorough during these assessments.

b. Collateral Witnesses

A collateral witness is usually a friend, family member, or coworker. They are regular people who know you and see how you are impacted day to day. If they knew you before the injury, having them testify can be useful in showing the changes to your life from an outside perspective.

3. Documenting Financial Losses

If you are claiming lost income, you will need to prove how much you would have earned had you not been injured. This is most commonly done with income tax information. Your paystubs or T4s can be helpful as well. If you were self-employed, you may need to gather your business tax information to show what your profits and losses were prior to your injuries. The income can be compared to what you earned after the injuries.

Evidence or statements from your supervisors and co-workers can also be helpful in corroborating difficulties that you have been having at work.

If you have any out-of-pocket expenses, such as mileage, parking fees, the cost of assistive devices or medications, you should keep track of your receipts. You can keep them in a folder and drop them off with your lawyer at regular intervals. You need to prove your losses, so keeping the receipts is key for out-of-pocket expenses.

Finally, your lawyer will likely arrange medicolegal assessments with experts who are familiar with the court system and particular requirements for opinion evidence. These experts will do a thorough assessment of you and provide opinions about your employability, prognosis, diagnoses, and recommendations.

4. Common Pitfalls to Avoid

There are some common pitfalls to avoid that could lead to undermining your case. For example:

1. Delaying medical treatment – this can undermine proving causation and the severity of your injuries.
2. Failing to follow medical advice – non-compliance may suggest the injury isn't serious, or you may lose out on compensation for failing to mitigate your losses.
3. Social Media – Photos or comments can be taken out of context and used against you. It's best to stay offline and ask friends and family not to share pictures of you.

Conclusion

Proving your case is about what you can show. Keep detailed records, seek medical care promptly, and communicate honestly with your treatment team. These actions strengthen your claim and help your lawyer advocate effectively. If you need guidance, contact a personal injury lawyer who can walk you through the process and fight for the compensation you deserve.

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.