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Personal Injury FAQs
** The information in this document is not intended to replace the advice of a lawyer or accountant and should not be relied upon as such.
I Was Injured – What Should I Do?
- Receive Medical Attention
- The most important thing is to make sure you receive prompt and proper medical attention.
- Go to the emergency department if you have been injured and then see your family doctor as soon as possible after the accident. Report all symptoms to him or her. Continue with regular visits until you have recovered completely, or as fully as possible. Follow your doctor’s advice and that of any other professionals you may be referred to.
- If you do not have a family doctor, it is a good idea to get one. Typically it is best if you can be in the care of one primary health care professional who can oversee your health and coordinate your treatment. Your family doctor can refer you to appropriate specialists, receive and review their consultation reports and generally follow your progress. If you do not have a family doctor, and cannot locate one accepting patients, go to the same walk in clinic each time you need medical attention. Even if you do not see the same physician, they will be able to follow your care on one medical chart.
- Eventually the specific diagnosis and prognosis of your injuries should be obtained from a health care professional to help value your claim and to assist you in receiving fair compensation for your injuries. A physician who has followed your progress consistently from the date of the injury may be in the best position to do so.
- If you do not have a family physician you can go to www.cpso.on.ca to see if any are available in your area that are taking on new patients.
- Document the Incident.
- It is important to properly document the incident. Get names, addresses and phone numbers of all parties, witnesses, and emergency personnel involved. Obtain a copy of any reports.
- Make detailed observations of the accident scene. If possible, you should make written notes and take pictures. For example, if you had a fall on a sidewalk, take a picture of the fall location and other landmarks and buildings so that the exact location can be located by others needing to survey the scene.
- Report the Accident to your Insurance Company.
- If you are involved in a motor vehicle accident it is mandatory to report all accidents that occur to your insurance company. There can be consequences limiting victims’ rights to recovery if the insurance company is not notified promptly. For this reason it is always important to report your collision to the insurance company within the prescribed time limits.
- Seek Free Legal Advice Promptly.
- It is important to seek legal advice promptly, as there are various time limits that must be followed. If you do not you may jeopardize your right to receive full and proper compensation for your injuries and losses. You may contact us and we will arrange for a lawyer to meet with you at no cost to you.
What Sorts of Damages Are Covered Under Personal Injury Law?
Compensation for pain and suffering, both past and future, should your injury cause you ongoing disability. These are called general damages.
Compensation can also be claimed by family members for loss of care guidance and companionship. These are called Family Law Act claims.
Damages that are financial losses can include: medical bills, damage to property (such as an automobile in an accident) lost wages and future loss of earning ability. These are called Special Damages or out-of-pocket damages.