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Author: Brenda Hollingsworth and Richard Auger

Car Accident? Now What? 11 Tricks to Maximize your Compensation

Copyright © 2009 Auger Hollingsworth

Dealing with a car accident is complicated. You may be in pain. You may have financial worries. On top of that, you suspect you should seek compensation. Take these 11 steps now to protect your case later on.

#1: Keep a record of all expenses and days lost from work due to your injuries. Your lawyer will get written documentation from your employer to verify the lost earnings. If your injuries are preventing you from returning to work or school, ask your doctor for a note confirming you cannot attend.

#2: Keep track of the time spent by friends and family to look after you and to take over your household and family obligations.

#3: Keep all bills and receipts related to your accident. If you don't save them, you may not be able to prove the amount of your damages. Be sure to save everything: hospital charges, pharmacy bills, therapy bills and all other bills you incurred because of your accident. If you buy over-the-counter pain medicine, heating pads, crutches, clothing to go over casts or braces, or similar items, you may be able to recover these expenses.

#4: Know all your injuries. Injuries caused by accidents may not develop into symptoms for days -- even weeks. This is why, at least early in your claim, you should not discuss your injuries or symptoms with insurance adjusters.

#5: Do not ignore the emotional toll of an accident. If you are having flashbacks, nightmares, anxiety, fear or sleep disturbance, you might benefit from a psychological assessment. Ask your doctor for a referral. If your doctor or family members suggest this type of treatment, take them up on it.

#6: Keep a journal of your experiences. Record sleepless nights, pain relief needs and limitations on your regular activities. Make a note of special events, hobbies or outings that you missed because of the accident.

#7: Know your sources for insurance coverage. In many cases an injured victim can legally collect from two or three different insurance policies at the same time. Yet many accident victims don't know where to look for various insurance coverages. Your lawyer will help you determine whether you can collect from more than one policy.

We know some of these steps can be tough if you are injured... A personal injury lawyer can relieve you of most of the burden by assuming responsibility for many of these tasks.

#8: Continue under your doctor's care until your doctor releases you. Many people stop going to their doctor, before the doctor releases them from treatment. Your doctor knows the complications that could result from your injury. The type of injury may be complex and the mere fact that you are no longer in pain does not mean that your injuries have fully healed. If you are referred to treatment with a therapist who is not covered by OHIP, your own insurance company may pay for the service. Your lawyer can help you access these benefits.

#9: Consider and be prepared to file a lawsuit if the settlement offer is not fair. After your doctor releases you from treatment, prepare your case quickly and, if necessary, file your lawsuit.

Insurance companies usually get serious about settling your claim if they see that they will have to start paying lawyers to defend your lawsuit.

#10: Ask a qualified, experienced personal injury trial lawyer to evaluate your case. You probably had a doctor evaluate your injuries. Doesn't it also make sense to have a lawyer evaluate your legal claim? An experienced personal injury trial lawyer can help you by reviewing your file. He/she will carefully review the police report, doctors' statements, therapy bills, time lost from work and other information. Then, he/she can give you an informed opinion about the estimated value of your case. If you'd like us to evaluate your case, please don't hesitate to call.

#11: If you decide to hire a lawyer, choose one who isn't afraid to go to court. Insurance companies and their lawyers keep tabs on plaintiff side lawyers. They know which lawyers will take them to court -- the fighters. And they know which lawyers will not go to court -- the settlers. The fighters usually get more money for their clients than the settlers. Make sure you discuss your case with a skilled personal injury trial lawyer.

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