5 Unexpected Ways Your Canadian Personal Injury Claim Can Go Wrong

Personal injuries can be life-changing if they are severe enough to cause temporary or permanent disabilities. Long medical bills, ongoing care costs, and lost wages take the expense of such injuries beyond the physical pain. In many cases, they become emotionally traumatic, specifically when you realize that they happened due to someone else’s negligence.

Unfortunately, such injuries are common among Canadians. Statistics show that falls have the highest incidence among injury-related hospitalizations. Vehicle accidents are also a leading cause of personal injury in the country. Other potential areas include medical errors, defective products, and workplace mishaps.

The good thing is that Canada ensures compensation and justice for victims sustaining injuries due to third-party negligence. While the personal injury law inclines toward victim well-being, some mistakes can affect the outcome of your claim. Awareness can help you avoid such errors and get a favorable verdict.

Here are a few potential pitfalls that can take your personal injury claim in the wrong direction.

Overlooking a Non-Evident Injury

Not all injuries after an accident are visible. For example, internal bleeding may not show symptoms right away. At times, it is slow, with minimal symptoms, until there is extreme and life-threatening total loss. Whiplash, concussion, hairline fractures, and nerve damage are a few other injuries that may not surface immediately.

Overlooking them can severely hinder your chances of getting the personal injury compensation you deserve. People often ignore a seemingly minor injury initially, missing key evidence for validating a compensation claim. You should get a thorough medical examination, even for minor injuries. It is the wisest move from a medical and legal perspective.

Missing Out on Statutes of Limitations

Like the US, Canada’s personal injury law also has a statute of limitations, defining the period in which victims must file a compensation claim against the negligent person. For most provinces, this is two years from the accident date or the injury’s discovery. Your lawyer is the best person to guide you in this context and ensure that you don’t miss out on the deadline.

Hiring a local lawyer makes sense because they know the province-specific laws and statutes. If you sustain injuries due to a negligent driver, business owner, or medical practitioner in Edmonton, Alberta, look for a seasoned personal injury lawyer in Edmonton. They help you make the most of the law and get the compensation value you deserve.

Moustarah & Company notes that claiming personal injury compensation involves complex legal and insurance factors. Only an expert can help you navigate the road smoothly. Victims should steer clear of direct settlements and stick with legal representation.

Admitting Doubts Regarding Negligence at Your End

According to statistics, Canadians say that distracted behaviors like texting while driving are among the biggest threats to personal safety on the road. Speeding, impaired driving, fatigue, and carelessness are other potential causes of negligent road mishaps.

Business premises have many fall mishaps due to a lack of maintenance and upkeep. Design defects cause product liability claims. Practitioners make medical errors that hurt people. In most personal injury cases, a negligent person causes damage to victims.

However, as a victim, you may have doubts regarding carelessness at your end only because of the shock and trauma. Avoid admitting any doubts to the police, insurers, or anyone else. Such statements can undermine your claim’s strength and damage it in the long run.

Making an Innocent Statement to an Insurance Adjuster

Surveys validate that only 1 in 20 personal injury claims go into trial. Almost 90-95% of cases are settled out of court with negotiations with insurance companies. While the road is shorter and easier, several pitfalls may come along the way. The sympathetic-looking insurance adjusters post the biggest challenge for most victims.

These professionals are hell-bent on minimizing the claim value and saving the money of the insurance company. They pay close attention to every word you say and pounce on any innocent statement or remark that may go against you. Ensuring you have a lawyer to help you during settlement is your best defense.

Posting Pictures on Social Media

Did you know that posting a picture on social media can damage your personal injury claim? You may want to share details of your accident or spread the word about your recovery by sharing a picture or post on social media. Think twice because both can ruin your chances of getting your deserved compensation.

The defendant’s lawyer may use the information against you, proving your fault in court. For example, any information regarding your accident can help them devise an effective defense strategy. A picture of an outing gives them a chance that your injury is fabricated or less severe than your claim.

The Bottom Line

Negligent accidents are absolutely avoidable, but they still leave thousands of victims struggling with personal injury. Canadian law comes to your rescue in such incidents, but you should do your bit to make it work in your favor. Avoid these situations to keep your case going wrong, whether during settlement or trial.