Website design By BotEap.comIf you settle too quickly, you may regret it

Website design By BotEap.comWe often get calls from clients or others who handle their own claims who are very eager to settle their personal injury accident claim for a quick cash settlement. There are times when our advice is to encourage them to hang in there… the timing has to be right.

Website design By BotEap.comWait until your injuries are well known

Website design By BotEap.comThe extent of many injuries is often not known for months or even years. For example, we had a 40 year old client, “Sophie”, who had recovered from her initial neck and back injury but still had some pain in her knee. Knee pain defied diagnosis. She was told it was a sprain and strain. The insurance company’s doctor suggested that she had a rare birth defect that caused her pain and that it had nothing to do with her accident. At first glance, it seemed like it was time to settle down because most of the accident-related injuries had healed.

Website design By BotEap.comFortunately, a doctor finally took the time to run more extensive diagnostic tests on Sophie’s knee, which revealed a damaged meniscus that required surgery. We settled this claim for 3 times what would have been possible if we had settled before diagnosis was in hand.

Website design By BotEap.comAre you back full throttle at work?

Website design By BotEap.comIf you have not returned to work after your injury, or are working less than before the accident, you definitely should not settle your claim unless you are certain that you have reached maximum medical recovery. (We call this MMR.) In Ontario, where pain and suffering damages are capped, the loss of earnings claim often makes up the largest component of a settlement. If you don’t know your final medical prognosis, how will you calculate your lost earnings? When will you go back to work? When will you be back full time? All those questions will remain unanswered. As you can probably guess, the insurance company is unlikely to make assumptions that will increase your settlement amount.

Website design By BotEap.comEase the financial burden by maximizing your accident legal benefits

Website design By BotEap.comOur personal injury clients are sometimes impatient because the case is moving slowly, especially if they are struggling financially in the meantime. Of course we can understand this sentiment, but we also know that a little more time, even an extra year, can make a really significant difference in the size of a settlement.

Website design By BotEap.comAn important role an attorney can play for you while you wait until the time is right to settle your claim is to monitor your claim for Accident Benefits. After a car accident in Ontario, in most situations there is a right to statutory accident benefits. If you qualify, these benefits cover your medical and rehabilitation expenses, visitation expenses, attendant care, and cleaning expenses, to name a few of the benefits available.

Website design By BotEap.comIn addition, Accident Benefits provide weekly amounts as income replacement, caregiver expenses, or benefits for people with no income. These benefits are not a fortune. However, for many families, these amounts ease the financial burden of an accident, allowing them to “hold on” until the compensation claim is settled.

Website design By BotEap.comIn most circumstances, having an attorney monitor your accident benefits while you work on your at-fault driver’s compensation claim will help ensure you get the most out of these benefits while working on the other case. If you are handling your case on your own, you will want to pay close attention to your Accident Benefits.

Website design By BotEap.comThis is an example of the importance of monitoring your right to Accident Benefits. In the spring of 2008, our law firm was contacted by the daughters of an 82-year-old retired bricklayer, Claudio, who had been injured in a car accident 10 months earlier. Claudio did not speak English. Even though he notified his insurer of the accident and they handled his property damage claim, the insurance company never sent him information about his Accident Benefits. It took the daughters mentioning his father’s struggles at home since the accident to alert the family doctor that accident benefits were there for him.

Website design By BotEap.comHis family submitted the forms but still felt his father was not receiving all the benefits he needed.

Website design By BotEap.comWhen our firm audited Claudio’s Accident Benefits file, we discovered that he had been cheated out of $49,000 in back payments and interest. A letter from my signature and all arrears were paid and Claudio’s weekly and monthly payments began.

Website design By BotEap.comIn other words, there is often little to gain and much to lose when you rush to settle your injury claim. This is true whether you hire a personal injury attorney or handle the case on your own. Take the time you need to build your case and understand your injuries.