Proving your claim

Proving your claim:  evidence

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We generally don’t attempt to settle a claim before the one year anniversary of your accident or until your doctor can provide some certainty about the type of injury you have suffered including how your injury may affect your long term future.

 

In our experience, it generally takes at least a year for you to recover from your injuries and for your doctor to determine whether you have suffered a minor injury or a more serious chronic pain injury. It's important for you to consistently continue your treatments as prescribed during this time as the value of your claim will be determined by the medical records of all of your treatment providers.

Contact our office regularly to provide updates regarding your injuries and treatments.

 

Gathering evidence

The value of your injury claim depends on the quality of the evidence supporting your claim.  The best evidence is the medical report and treatment notes from your doctor, to be supplemented by the chart notes of your other treatment providers.

Other important evidence includes:

  • Police report: vital to file after an accident because it serves as detailed written evidence of the events surrounding the motor vehicle accident (potentially at the scene) by a third-party authority while memories are still fresh
  • Witness statements: including names, addresses and contact information
  • Photographs of damage to your vehicle
  • A weekly diary summarizing:

>the status of your injuries and recovery

>dates and times of appointments with your doctor and other treatment providers

>days missed from work

>ongoing levels of pain

>how various aspects of your daily activities have been affected

  • Ongoing calculation of out-of-pocket expenses including:

>travel (mileage) and parking expenses for treatments

>medical treatments (eg. physiotherapy, psychologist, etc.)

>supplies related to your injuries (eg. prescription/non-prescription medication, heating pads, braces, crutches, etc.)

  • Other calculations:

>lost income, opportunity or earning capacity

>lost ability to do housework

>lost ability to do yardwork

We encourage you to take due care in gathering and maintaining all of your records.

This will be an ongoing process from the time you first seek medical attention through to the time your doctor deems you have achieved maximal recovery.

We know this can be overwhelming, so please contact us if you need assistance with organizing your records, or if you have further questions about evidence.

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