People can sustain personal injuries at any moment in their lives. These injuries frequently leave victims feeling helpless and unclear of what to do next. Knowing what to do right away after an injury—whether from a car accident, slip and fall, or job injury—can have a big impact on how any future legal procedures turn out.
MacIsaac Gow LLP, a reputable personal injury law firm in Canada, can advise you on the necessity of understanding your legal rights and obligations and what measures to take in case such a situation arises.
1. Put Your Safety and Health First
Your health and welfare come first. Even if your wounds appear minor, get medical help right away. This not only guarantees appropriate care but also creates a vital connection between the event and your injuries.
2. Record the Accident and Any Injuries
Try to collect proof on the spot if you can. Capture images of your injuries, the accident scene, and any contributory elements. Later on, when assembling your case, these visual documents may prove to be really helpful.
3. Document What Happened
Report the accident to the proper authorities, depending on its nature. In the case of auto accidents, this might include the police and, in the case of slip-and-fall occurrences, the property owner. Liability can be ascertained and the incident’s occurrence confirmed by an official report.
4. Compile Data
Get the people involved and gather witnesses’ contact information. Their words may be essential for verifying what you have said about what happened. Make a note of the incident’s date, time, place, and circumstances.
5. Keep the Evidence Safe
Hold onto any tangible proof of the mishap, including clothing or personal items that were ruined. This helps substantiate your argument by offering concrete evidence of the incident’s effects.
6. Inform Your Insurance Provider
Report the accident to your insurance provider if appropriate. In situations involving auto accidents, this is extremely important. When discussing specifics, exercise caution and refrain from forming firm judgments without first seeking legal advice.
7. Speak with a Personal Injury Lawyer
As soon as possible, seek advice from a competent personal injury lawyer. Due to their proficiency in legal knowledge and research, they are capable of evaluating the position you are in, educating you about your rights and responsibilities in that position and recommending what action could be taken next.
8. Maintain Health Records
Medical visits, tests, and all other treatments and costs relevant to it must be recorded. These records will be useful when estimating the level of your injuries and the amount of compensation you should be paid.
9. Refrain From Declaring Things
Without first consulting your lawyer, avoid speaking with insurance adjusters or the accountable party. Your words could be used against you as they seek to reduce their culpability.
Limits in Personal Injury Lawsuits
- Time Restrictions
The fact that there is a deadline for submitting a personal injury lawsuit should not be overlooked. The two-year statute of limitations begins to run from the date of your injury or the date you became aware of it.
For instance, maybe you’ve been using a product for a number of years that contains a hazardous chemical. It’s possible that you started feeling sick a year ago, but you didn’t find out what was wrong until last month. That being said, the statute of limitations started to run last month rather than a year ago.
- Additional Restraints
It is important to note that in Ontario, general damages, which are not monetary losses, have a cap. It’s now less than half a million Canadian dollars, though the value is adjusted for inflation nearly every year or two. If your compensation is below a specified threshold, you can also be required to pay a statutory deductible, which lowers your overall amount.
In certain cases, the victim’s injuries were partially their own fault. This is called contributory negligence. For instance, one might have consciously incurred a defective product and got injured in the process. This is the case because your participation in the occurrence of the damage may lead to reduced compensation, irrespective of the fact that the defect was the primary cause of the injury.
Final Thoughts
Navigating the complexity of personal injury claims in Canada requires an understanding of your legal rights and obligations. Allow MacIsaac Gow LLP to lead you through this difficult procedure, making sure you have assistance at every turn.
Key to Your Legal Success