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If you sustain injuries in any type of accident where the cause may have been another person’s negligence, you could be entitled to compensation from their insurer. Just keep in mind that as with any other personal injury claim, the insurance companies will always try to minimize the amount of compensation you receive. In some cases, they will take drastic steps to deny your claim altogether. There are at least a half dozen ways that they will attempt to reduce how much they’ll eventually pay.
First responder did not mention injuries in their first report – the records of the first responder can be critical to your case. Although you cannot control what they write down in that report, the more you share with them, the better off you will be. If you don’t go to the hospital, be sure that you see your family doctor as quickly as possible. It is important to have the first few reports on your condition before the treatment starts.
Inaccurate income reporting – if you claimed earnings of $54,000 for the prior year but it was really $45,000 (you accidentally reversed the “5” and the “4” but didn’t see your mistake), your claim will most certainly be in jeopardy once that is discovered. The same applies if you’re a contractor and some of your income isn’t reported to the CRA. However, the fact that you lied to Revenue Canada hurts your credibility.
Inconsistencies in your documentation and reports – during the discovery meeting, you’ll be asked numerous questions and everything is going to be cross-referenced and compared with all of your medical reports in the hopes of finding inconsistencies. Make sure you report everything to your treating physician and that they have written it down.
Insurance companies monitor social media and use other surveillance – this is a big deal and it unnerves many injury victims when their personal injury lawyer informs them of this. For instance, if you tell the insurer that you cannot walk your dog, then make sure you don’t and have someone else do it for you. Be honest 100% of the time and over-communicate. It’s a great way to invalidate anything the insurance company presents during the trial.
Your physical or psychological history prior to the accident – insurance companies will revert back as many as 5 years prior to your accident and review your physical and psychological history in order to find anything that will decrease your earning potential. It’s a shame, but injury victims will block out or forget certain painful past experiences. Unfortunately, this will arouse suspicion on the insurance company’s behalf.
As an injury victim, a personal injury lawyer can be an invaluable resource. In addition to getting you the compensation you are deserving of, they will also ensure that your rights during the legal process are protected.