Injured in a Motor Vehicle Accident ? The Importance of Your Doctor to Your Claim


If you have been injured in a motor vehicle accident, you should bear in mind the following.

Seek immediate medical treatment if you are injured 

If you do not, the opposing insurance company will later argue that you could not have been that hurt if you did immediately go to  the doctor . . By reporting your injuries at an early stage, instead of a long time later, you will be seen as being more credible .

Seek regular medical treatment

Your ICBC claims lawyer will explain to you the importance of attending to your doctor on a consistent basis. If you do not seek regular medical treatment, it will be argued against you that you could not have been that injured . The opposing insurance company will also take the position that you failed to take the necessary steps to rehabilitate yourself . Your injury claim will be negatively impacted by not seeking treatment on a regular basis .

Report every emotional and physical problem to your doctor, no matter how trivial it may seem, even if not asked

This is an additional important factor to discuss with your personal injury lawyer vancouver. If you don’t mention a particular problem , then the opposing insurance company will later take the position that you are not entitled to compensation for that injury, as there is no mention of it in the clinical records . If you omit to mention something, this will be utilized against you in an attempt to show that you are not believable. This can also be the case when seeing a doctor hired by the insurance company to do an independent medical examination .

Do what your doctor tells you to do

Your ICBC injury lawyer will tell you how important this is. First and foremost, this will help you get better . Secondly, it will help the worth of your claim , as by listening to your doctor , you will be taking the essential steps to rehabilitate yourself , which you are legally obligated to do . The opposing insurance company can then not take the position that you did not take proper rehabiliative steps .

 

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Auto Insurance, September 21st 2011 | Tags: , ,
Posted in Auto Insurance

Injured in a Car Accident? What Can You Claim For?


If you have been injured in an automobile accident, you should first of all seek prompt medical attention for your injuries.

 

You really should then arrange for a free consultation with an ICBC injury lawyer, in order to be informed of  your legal rights and obligations.

 

Many people are simply not mindful of the different kinds of personal injury damages that you can claim for if you have been injured in a car accident Upon being hurt in an auto accident, several people are unaware of all the diverse types of compensation that may be available to them . As a result, if the person decides to proceed without a lawyer, they will receive far less for their injuries than they are entitled to . It is a good idea that you consult with a plaintiff ICBC lawyer to be aware of the types of damages available to you.

 

In general, there are several types of compensation available to you :

 

General Damages

 

This kind of damages is for pain and suffering, and loss of enjoyment of life due toyour injuries.

 

Loss of Income and Loss of Future Income

 

This head of damage factors in lost time from work, up to the point of settlement and beyond   .

 

Loss of Housekeeping and Loss of Future Housekeeping

 

This component of your claim pertains to household jobs that you were no longer able to complete up to and including after reaching settlement. This applies even if you have a friend or family member do the chores for you, and they receive no compensation .

 

Special Damages

 

This aspect of your claim consists of all reasonable out of pocket expenses incurred by you as they pertain to the injuries you sustained. It is essential to keep all original receipts.

 

Loss of Opportunity / Loss of Earning Capacity

 

A person with long lasting injuries can make a claim under this head of damage, as the person will be not be able to earn income from all types of employment; will be less marketable to employers; will not be able to take advantageof all future, available job opportunities; and, will be less valuable to himself or herself as a personcapable of earning income in a competitive work force   . This is usually  an overlooked aspect of a claim, as it is still available to you even if you have returned to your pre-accident employment. A personal injury lawyer vancouver will be able to further advise you with respect to this aspect of your claim. 

 

Cost of Future Care

 

This type of compensation is intended for those still suffering from their injuries at the time of settlement, and can involve medical treatment, and specialized equipment .

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Auto Insurance, September 3rd 2011 | Tags: , ,
Posted in Auto Insurance

Injured in a Motor Vehicle Accident? Answers to FAQS.


Many questions enter a person’s mind when they have injured in a car accident   .

What do I do first ?

If you are injured, you should first seek immediate treatment for your injuries . The next thing you should do is inform your insurance company that an accident occurred   , however do not get into any specifics as to your injuries, or how the accident occurred. You should next arrange for a free consultation with an ICBC injury lawyer.

 

What is the value of my claim ?

Early on, this can be very difficult to determine  , as many factors will come into play, such as the duration and severity of your injuries, whether or not there is a liability dispute , whether or not you had any injuries that existed just before the accident , and whether or not you mitigated your damages by taking active steps in the rehabilitative process. Only once you have the liability portion of your claim finalized, and have recuperated from your injuries, or your injuries have plateaued and are not going to improve any more, an ICBC claims lawyer will have a good idea as to the value of your claim.

 

How long will it take to settle my claim ?

Again, this is virtually impossible to determine initially . Factors such as the duration and severity of your injuries, whether or not there is a liability dispute , and how far along the litigation path your claim goes can all have an effect on the time frame for concluding your case.

 

 Is it important that I see my doctor on a regular basis ?

Yes, this is very important, not just for your health, but for the value of your claim as well. You are under a legal obligation to mitigate your damages, which means that you must make reasonable efforts to get yourself better by attending for treatments . By seeing your doctor on a regular basis, and by following his or her advice and recommendations, the argument cannot be made that you did not make reasonable efforts to mitigate your damages.

 

 Are there time limits I need to be aware of  ?

Yes, there are. Depending on the nature of your case, there can be many time limits and limitation periods. By not meeting these, you may be in jeopardy of having all or part of your claim dismissed. An ICBC lawyer can advise you of your legal obligations in this respect.

 

Will my matter go to trial ?

Not likely. Most injury claims arising from motor vehicle accidents do not go all the way to trial.

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Auto Insurance, August 17th 2011 | Tags: , ,
Posted in Auto Insurance

Common Mistakes Made by a Person Hurt in a Car Accident


There are many mistakes that a person can make after being hurt in a car accident that can greatly affect the value of their injury claim . These mistakes can be made by someone who has a lawyer, or someone who does not  .

Not going to the doctor right away

It is important to report your injuries to your doctor early on  . If you do not seek   medical treatment quickly after the accident, an argument can be made that you were not that hurt .

Not going to their doctor regularly

Your claim can be severely compromised by failing to attend for regular treatment, as it will be argued against you that your injuries were not that severe . An ICBC claims lawyer will advise you of the importance of seeking regular medical treatment.

Signing documentation without having it reviewed by a lawyer

Many unrepresented claimants sign statements about how the accident occurred, which can be detrimental to their claim if an error, omission, or vague statement is contained therein. It is also not advisable to sign a subrogation agreement with your employer or benefits carrier without a lawyer seeing it first   .

Not being aware that they actually have a claim

Believe it or not, several people may feel that they are not actually entitled to make a claim , such as if their infant has been injured, if they have been struck by an uninsured driver, if they are the victim of a hit and run accident, or if the accident occurred quite some time ago.

Not knowing the proper time limits and limitation periods with respect to their claim

Many people with valid claims, and who choose to represent themselves, generally miss vital time limits and limitation periods . Consequently, they may lose the right to make a claim . An ICBC injury lawyer can help you meet all time deadlines applicable to your case.

Not being aware of all forms of damages that can actually be claimed

A great deal of people believe that you can just claim for pain and suffering, and wage loss . In fact, there are many other forms of damages that you can claim for, such as loss of housekeeping, loss of opportunity, and cost of future care . Many people often get shortchanged by not knowing all the types of compensation available to them .

Not being aware of their legal obligations

Many injured claimants are not aware they are required by law to take an active role in their rehabilitation process . A finding of failure to mitigate can lead to a reduction in the value of your injury claim . A personal injury lawyer vancouver can make you well aware of your legal obligations.

Not keeping track of out of pocket expenses

Quite often, the insurance company will require original receipts to prove the extent of your expenditures . A claim will be lowered in value for not keeping original receipts .

Settling their matter when they are still injured

Believe it or not, many injured claimants conclude their matters even when they are still injured . This can result in injured people being denied fair value for their injury claim , as once you sign a Release, you are not entitled to any more compensation for your injuries .

 

 

 

 

 

 

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Auto Insurance, July 22nd 2011 | Tags: , ,
Posted in Auto Insurance

What is a Contingency Fee Agreement ?


A contingency fee agreement is a contract signed by you and your lawyer, which forms the basis of your relationship. It is often used in motor vehicleaccident cases.

Commonnon-financial portions of a contingency fee agreement relate to the authority of the lawyer to act on your behalf ; circumstances forclient or lawyer withdrawal; confidentiality between the lawyer and client, and how you can have the agreement reviewed after signing it if you feel that it is unjust .

With respect to the financial side of things, a lawyer will take a certain % of your overall settlement amount as payment for legal fees . You are not required to pay any money upfront in the form of a retainer, you are not required to make any monthly payments for fees, and you are not required to make any payments for disbursements throughout the course of your case. When a settlement is received on your behalf, the money is placed in the lawyer’s trust account, out of which your portion of the settlement proceeds will be paid to you .

A basic example is where the settlement amount is for $10,000, plus disbursements. Your lawyer, who has paid your disbursements along the way, is entitled to the amounts for these disbursements . Out of the remaining $10,000, your ICBC injury lawyer will take his or her legal fee, plus applicable government taxes on the legal fee portion only. The remaining balance will be yours.

Something you need to be aware of is that a plaintiff ICBC lawyer may charge interest on disbursements, which can be substantial on certain files. It is best to look around, as some lawyers do not . Additionally, some lawyers make the clients pay for the entire amounts of disbursements, plus interest, in the event that the claim is unsuccessful. Again, some lawyers do not make clients pay for these, so again it is in your best interests to find a personal injury lawyer vancouver who does not.

Above all, never feel pressured to sign a contingency fee agreement at your initial meeting with your lawyer . If you are not comfortable with certain portions of it , it is best not to sign the agreement until you have had sufficient time to review it.

 

 

 

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Auto Insurance, July 21st 2011 | Tags: , ,
Posted in Auto Insurance