If injured in an accident the last thing you need is to be buried under paperwork

By Danae Ingram

If you’re injured in a collision, it could change your life and the lives of your family members in an instant. You may be in shock and feeling some pain and wondering what to do next.

Tracy Lyle is a personal injury lawyer at Nelligan Law in Ottawa who has been practicing law for 25 years. She has some advice for accident victims whose first thought is that they simply want to go home.

Gather information at the scene

Firstly, focus on the accident scene and call the police. Lyle said, “It is really important to get the police involved because you want to have clear documentation that you were involved in an accident and who was at fault in the collision.”

If police aren’t available, gather contact information from witnesses and take photos of the at-fault driver’s insurance information and the vehicles involved.

Lyle stresses that even if you feel you’re okay, get medical attention right away. “I can’t tell you the number of times I’ve had clients who have suffered significant impairments but at the accident scene believed they were fine. “Head trauma may not become evident until days or even weeks after the collision. The size of the impact does not solely determine the extent of the harm. She added, “Disclose all of your symptoms to the physician, because later on, an insurance company can say that you didn’t complain about that at the time and therefore it’s unrelated to the crash.” Insurance companies often do everything they can to avoid taking responsibility.

Accident Benefits Package

In Ontario, we have a quasi, no-fault system which means regardless of who is at fault your own insurance provider is obligated to provide a variety of benefits, if you’re injured in a motor vehicle accident as long as you meet eligibility criteria. The potential benefits include medical and rehabilitation expenses, income replacement benefits, non-earner benefits, and attendant care benefits among others.

The Accident Benefits Package requires completion of an application, a disability certificate (signed by a health care provider), and an employer’s form. Complete the documentation to get immediate access to the benefits to which you may be entitled. Dependant family members are covered under the policy of an insured family member and apply even if you’re hit on a bicycle or walking down the street.

Call a lawyer sooner than later

The Accident Benefits Package is a complicated package that often requires the assistance of a lawyer. Lyle said, “Our law firm helps clients deal with the accident benefits side of their case. Some law firms do not. We’ve always believed it’s really important to give people advice and help them on that side of their case because that is the one element that most immediately concerns people.” Your insurance company should be notified right away in order for you to get the benefits you need, which will protect you if injuries only reveal themselves weeks later.

A lawyer will give you advice specific to your claim and how to substantiate that claim. They can recommend supportive treatment providers. A lawyer will give advice on whether you have a right to make a claim against the at-fault driver. Damages for pain and suffering are separate from the accident benefits.

At Nelligan Law, Lyle said, “Potential clients will receive an individualized consultation and we will make a decision on whether their claim has merit and how much we can help that client.” Cases are done on a contingency basis, meaning no fees until settlement.

Clients are not a number

Personal injury and accident benefits can be a complicated area of law. At Nelligan Law the client has access to a supportive legal team experienced in accident benefit issues. Lyle said, “We recognize that clients are emotionally stressed and physically hurting. They will feel supported and won’t give up anything to the insurance company they are not legally required to do.” The legal team is prepared to support all aspects of your claim and answer every question you may have.

Contact Nelligan Law at (613) 238-8080 or visit: www.nelliganlaw.ca

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