What To Do If Denied Coverage For Injury Claim

If you receive a notice saying that you have been denied coverage for your injury claim, you have learned about the judgment call taken by a single person, the adjuster. Understand that he does not have the final word. His reasoning might demonstrate a misunderstanding of all the facts. The reasoning that led him to make his decision was probably based on one of the following assumptions: Read More

How Your Physician plays a vital Role in your Personal Injury Claim

By nature, the injuries that a person sustains in an accident that was caused by another person’s negligence are personal.  Whether there are two injured drivers or two injured people in the same vehicle, there injuries will most likely be very different.  Furthermore, the healing and recovery periods involved will probably be different as well.  However, one thing is certain regardless of the circumstances.  The treating physician will have solid records and be willing to provide testimony that impacts a personal injury case.


While your physician plays a vital role in your personal injury claim, the insurer will try to portray you as not being truly injured if you don’t get treated by a physician.  They do this for three reasons.  First of all, they try to keep their expenses to a minimum and secondly, it’s all about their bottom line.  Third and most important, they really don’t have your best interests in mind – even when you’re their client.  So whether you were injured in Oakville or St. Catharines, be sure you visit your doctor.  Your personal injury lawyer in Waterloo should also help you maintain contact with your physician.


Evidence in tort cases


This is one of a few ways of securing what could be some extremely valuable evidence in your personal injury claim and case.  Family physicians are educated and trained in a wide range of medicine and can diagnose your condition, prescribe medications for you, provide care and treatment, and refer you to a specialist if it becomes necessary.  Plus, your physician works in conjunction with a professional healthcare team of experts that include dieticians, nurses, nurse practitioners, pharmacists and rehabilitation therapists.


Role of doctors


Whether your case is in Oakville, St. Catharines, or Waterloo, these professionals are there to ensure that you receive the benefits from their diverse perspectives and their medical skill sets.  However, they all collaborate with your physician to ensure that you are given the best care and treatment possible.  In addition to care and treatment, your physician can also play a significant role in your case by:


·         during your recovery and rehabilitation

·         keeping your personal injury lawyer current on your condition

·         monitoring your daily progress

·         referring you to a rehabilitation therapist


They will also provide documents regarding the type of injuries you’ve sustained in the accident, as well as how severe any injury-related symptoms may be.  By regularly visiting your treating physician as scheduled, they will be able to compile detailed documentation regarding your injuries.  In the long run, this could prove to be extremely valuable where the outcome of your claim and case are concerned.  Your physician could also play a significant role as a key witness in your claim including emotional and psychological side effects that you may be suffering with. That is why lawyers work closely with medical practitioners as without them proving the injuries can be difficult.

How Do Lawyers Charge For Their Services?

Though there isn’t one answer about it, if you are looking to retain a lawyer in Toronto, it helps to have an idea about how they charge. Though most lawyers aren’t upfront about discussing the fee, you need to have an idea before you schedule an appointment. Basically there are three types of payments that lawyers charge and here is more information about it.

Flat fee: The lawyers that deal with incorporations, wills and estate issues, real estate usually charge a flat fee and offer a break-down of the services including out of pocket expenses, which are added to the bill.

Hourly fee: This is usually done by family lawyers and they have a retainer fee that has to be paid in advance. The fees are paid on the work put in by the lawyer and are not based on the type of case or the outcome. The legal recourse cannot be anticipated or guessed and that is why you cannot expect them to give you a quote. From $3000 to $10,000 as upfront retainer fee, they will only start with the case when it is paid. Hourly fee varies as well, depending upon the size and experience of the legal firm.

Contingency fee: This fee is usually accepted by personal injury lawyers for those who cannot afford legal assistance. These are based on recovery which means that if you receive compensation you pay a part of it. That is why most people prefer this over upfront retainer fees. As a personal injury lawsuit is about long term negotiations for getting the right compensation. When the injury lawyer in Waterloo or Toronto takes your case, he is of the view that they will be paid as your case will win the compensation that you deserve. However, in a rare instance that the lawyer is unable to negotiate a settlement, you still need to pay the lawyer for the out-of-pocket expenses. And if the case is settled in your favor, apart from paying the lawyer the share mutually decided upon, you need to pay for the out of pocket expenses which are over the percentage of fees.And in Ontario, there is 13% Harmonized Sales Tax (HST) which is added to the lawyer’s fee. This is irrespective of the services rendered and is a compulsory fee. Thus, when you are calculating fees, don’t forget to add it.

Most lawyers don’t discuss fee right from the start as the legal profession is traditional and they don’t advertise it either. They usually have non-negotiable fees so you can ask questions and get your queries clarified, but don’t try to negotiate the fee. And it is important for the lawyer that you hire to work with you, not a group of interns. Thus, ensure that you select the right lawyer. You might have to look at the qualifications, experience and successful cases that they have resolved before you hire the legal service.