Someone that has been injured in an accident feels that he or she should be compensated for those injuries. The pain makes his or her case seem quite strong. But is it really that strong? By working closely with a lawyer, an accident victim can work to strengthen a personal injury case.
Learn the statute of limitations
How much time to you have in which to file a personal injury claim? If a claim does not get filed before a certain deadline, the victim has lost all hope for winning any sort of compensation. Once you have learned the date when a claim must be filed, be sure that you do not forget that date. It helps to buy a calendar and circle the deadline, as given in the statute of limitations.
Learn what charges can be made against the defendant
Defendants can be charged for willful acts that have injured the victim. By the same token, each defendant had a duty of care towards the same victim. Was that duty breached? Did an absence of care or skill cause you, the victim/claimant to become injured?
Work with a lawyer to gather useful evidence.
What pictures were taken at the scene of the accident? Should that spot be re-visited?
What are the findings in the medical report? Does it say that the victim needs to see a specialist? What is the prognosis for the observed injury?
Are you suffering a great deal of pain? Work with a Personal Injury Lawyer in Kingston, in order to produce proof of your pain. Make a point of keeping a journal or diary. Record each time that you experience a painful sensation. Note what movements or activities triggered the production of that painful sensation.
Understand the limitations to be considered, as you try to strengthen your case.
In Ontario, there is a cap on the noneconomic damages that can be collected by the victim of an accident. The amount of noneconomic damages has been capped at $250,000. No matter how strong your case might be, you cannot get more than that as reimbursement for the losses suffered due to pain and suffering.
Were you an uninsured driver at the time of the accident? You can get compensated for economic damages, but not for noneconomic damages. No matter how severe your injury, you cannot claim anything for noneconomic damages, unless you had purchased the appropriate insurance.
Do you have a claim that might give rise to punitive damages? Do you want to get money for punitive damages? That could be taxed. If you do not want such money, work with a lawyer. See what other losses you suffered, so that you can try to get compensated for those losses.
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