Articles for Non-Lawyers

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7 Factors That Will Affect Your Personal Injury Claim After an Accident by Patricia Santucci

1. Not seeking medical attention after the accident

Make sure you accept the ambulance attendant’s offer to take you to the hospital to be checked out. It is better to be safe than sorry. Often soft tissues injuries are not immediately apparent, or you may be in shock from what has just happened, so you are not yet feeling the effects of your injuries. The hospital records will be important years later when you are entrenched in your lawsuit.

2. Not seeing your family doctor

If you don’t see your family doctor for your accident related injuries, you will be jeopardizing your claim. Go to see your family doctor regularly and often. Tell your doctor about every symptom you are experiencing, each and every time you go in. It may seem repetitive, but those “objective” records will become very important in your lawsuit. Not going to the doctor may be interpreted as a sign that you are not in pain. Follow your doctor’s advice and do not miss appointments.

3. Talking to anyone and everyone about your accident

Do not talk to anyone at the accident scene regarding the accident, especially the other driver. Do not give statements to anyone except the police, without consulting with your lawyer first.

4. Participating on social media sites

Insurance companies will be looking for evidence to use against you and they will be looking online. Therefore, be careful what you post and how long you are on social media sites. Often insurers will use the data it collects from those sites to reduce or extinguish your claim.

5. Not keeping your story straight

The police, insurance adjuster, your lawyer and various doctors and treatment providers will ask you about the accident. Make sure you are always truthful about the accident and your injuries. Nobody likes a liar or an exaggerator, and lack of credibility is a great way to ruin your lawsuit.

6. Applying too late

If an action is not commenced within the limitation period, you will completely lose your right to bring a lawsuit. A great way to end your lawsuit before it has even started is to miss these deadlines.

7. Hiring the wrong lawyer

The best way to screw up your lawsuit is to hire the wrong lawyer. Make sure you obtain the services of a personal injury lawyer. If you’ve been injured because of someone else’s negligence or you have become disabled and are fighting with your insurance company, call me. I can help.

About the Author Patricia Santucci

Patricia Santucci is a personal injury lawyer born and raised in Hamilton, Ontario. She holds several degrees having attended King’s College at the University of Western Ontario, McMaster University, earned a Master of Arts degree at the University of Windsor and an Ontario Teaching Degree from Teacher’s College as well as her Ontario Teaching Certificate. After graduating from the University of Alberta law school she was called to the bar in 2000. You can find Patricia on and LinkedIn or directly through this website