I have represented clients in personal injury cases for over ten years. Time and again I see clients making the same simple errors. These errors cause problems and delays in dealing with their claims. In some cases, a lack of proper documentation has led to a smaller level of recovery. Broadly speaking, the following mistakes fall into three categories: failures in seeking medical attention; and keeping track of your personal health; and failures in seeking prompt legal advice.

Mistake #1: Failing to visit a doctor immediately after your accident.

Attending to your personal health is essential for your well-being. Regardless of your legal claim and the amount of recovery you may expect, it is vital to seek medical attention to address whatever injuries you may have incurred. It is also necessary to determine, in a timely fashion, the type and scope of your injuries.

If you do not visit a doctor within a reasonable period of time after your accident, the presumption will be that you have suffered little to no injuries. Going back and trying to establish a connection between an injury and the accident may prove to be a difficult and time-consuming process.

Mistake #2: Not visiting your doctor regularly.

Whatever type of therapy your medical doctor proposes, you will need to keep him or her updated in regards to your injury’s symptoms. Since your MD must corroborate the evidence you give in court, the more detailed their records are, the better your chances of obtaining recovery are. You should know that ICBC will request your prior medical records before your personal injury accident – whether that is whiplash, soft-tissue damage, or brain injuries; so it is essential to have thorough and detailed medical information on record.

Mistake #3: Not keeping track of missed work or employment.

If you are an employee, you are entitled to wage-loss compensation. But you have the onus of proving how much work you missed. You must also prove that the work you missed was due to your accident-related injury. It is nearly impossible to account for missed work in retrospect. A diligent tracking ensures that your claim will be processed efficiently while your quantum of recovery is maximized.

If you are self-employed, the process of claiming work-related compensation loss is more complicated. See Mistake #5 to learn how you can receive this type of loss in your claim.

Mistake #4: Failing to keep receipts for expenses you have paid.

Just as an accountant needs your receipts when you file a tax return, ICBC will want to confirm any amount that they reimburse to you. If you fail to keep receipts for things like medication, medical supplies and treatment, it is unlikely that you will be reimbursed.

Mistake #5: Failing to get prompt legal advice.

Prompt legal advice can take the specifics of your situation into account, and explain how the claims process works in an understandable way. For example, as in Mistake #3, if you are self-employed, you will learn how to document missed work so that you can claim whatever compensation is due to you. Seeing a lawyer will not only increase the chances you have of maximizing your claim, but will reduce the overall level of stress associated with making an ICBC claim. This will allow you to get on with your life and focus on getting better.

Mistake #6: Speaking with an ICBC adjuster about your claim.

ICBC does not work for you. People who make Mistake #5 often commit Mistake #6 because they speak to an ICBC adjuster before they consult with their own lawyer. Speaking to an adjuster without proper legal instruction can substantially lower your ICBC award.

Mike Coric is a personal injury lawyer who has represented victims of motor vehicle accidents throughout British Columbia for over 15 years. Mike has appeared at every level of Court in British Columbia and conducted trials before a judge and a jury. He acts only for plaintiffs and restricts his practice to BC car accidents and other personal injury circumstances. If you or someone you know has been injured and would like to speak with a lawyer, please call Mike at 604-736-3333.

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