FREQUENTLY ASKED QUESTIONS ABOUT CAR ACCIDENT LAWYERS Part Two

Q5. How long on average should I expect my case to be settled in case it does not advance to the trials?

A. Each case is different and unique in its way. Those that are too serious may take very long to settle. Examples of these are brain injuries, losses of limbs, and catastrophic injury cases. This stems from their complex nature and the accompanying medical issues.

Some may take months to settle. These are cases that are moderate in severity, less catastrophic and not so serious in liability. The precise length of time decided to solve each case, however, depends on each nature of the case, the extent of the recovery, the severity of the injuries, and the kind of attitude the insurance company or adjuster perceives your situation or you.

These notwithstanding, court cases are generally long and protracted. This is because insurance companies never like making payments or settling claims. They are also meticulous and usually insist that all the documents about the applications are submitted and scrutinized before any claims may be awarded. In all, cases take months and years to settle.

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Q6. Should I visit a doctor after undergoing an accident?

A. By all means, you should. The primary reason is not for the sake of the impending court case but your health and personal well-being. It is common knowledge that only hurt rather than healthy people do need medical attention. Insurance companies and the courts usually are too quick to point this out while ascertaining the claims and compensation requests.

In case you lack a family doctor, you are advised to visit the nearest clinic. If a clinic does not exist within a reasonable walking distance from your area of residence, you are encouraged to attend the emergency department of your nearest hospital.

In your visit to the hospital, the doctor will typically jot down the facts of the holiday and nature of injury in a note. He will then almost always prescribe some medication or refer you to a specialist for advanced medicines. These notes are intended to offer more information concerning your health status.

For instance, they may indicate that you are in sound health. Alternatively, they may state that you are gravely injured as the result of an accident. Our legal team will usually compile these medical records from your doctor and use them as the basis for building your case.

It is not enough to state that you have been injured or hurt. This is because courts in Ontario will usually demand tangible proof to these effects. As such, your pains, damages, sufferings, and symptoms have to be proved before a court of law.

Perhaps the best and most reliable way of doing so is by furnishing the various health records. It, therefore, follows that if you do not see a doctor after an accident, you will miss out on your treatment and appropriate medical attention. You will also less likely build a strong case to your defense.

This way, the courts and the insurance company will often find you liable for failing to mitigate your damages. This arrangement is not healthy for your case or you. We would like to do everything in your capacity to recover and lead a healthy life as you had done before the accident. Whereas this might not always be the possibility in all cases, it can, in fact, be the case for individual persons.

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Q7. What are the differences between the accident benefit adjuster and the tort adjuster?

A. Both of these professionals work for car insurance companies but in different departments. Examples of these include the CAA Insurance, Wawanesa, Liberty Mutual, Belair Direct, TD Meloche Monnex, Intact, The Personal, Co-Operators, Aviva, Economical Insurance, and State Farm.

The accident benefit adjuster works in the pain, suffering, or bodily injury department. The tort adjuster on the other hand accident benefits department. They may as well work for entirely different companies altogether.

In most instances, the accident benefit adjuster will often be the insurance adjuster of your car or that of your spouse. They are ordinarily responsible for administering your no-fault accident benefits that arise from your car accident. These benefits encompass income replacement benefits ($400 per week), housekeeping benefits ($100 per week), attendant care benefits ($1,500 per week), and income replacement benefits ($400 per week), among others.

A tort adjuster, on the other hand, works for the insurance company that covers the driver or the other party that was responsible for hitting you. Their roles do not entail processing accident benefits as they merely handle the tort component of your claim.

These include, but are indeed not limited to past or future losses of income, damages for pain and suffering, the loss of competitive advantage, and Family Law Act claims. They also do not handle other costs that are not incorporated as part of the accident benefits.

If both the tort and accident benefit adjusters work for the same company, a barrier is erected between the two of them to discourage and flow or exchange of communications and ideas between the two parties.

The failure to adhere to this principle may often land the insurance company in trouble with the authorities. The company may usually be held accountable for bad faith damages. The same applies if there is sufficient evidence to prove that there was collusion collaboration, communication between the two parties without your consent.

Our lawyers can furnish you with the necessary information as pertains the kinds of behaviors that constitute bad faith. They will also detect and prove that there was indeed cooperation between the insurers, adjusters in the same company, or negligence while handling your case.

Vancouver Personal Injury Attorney

Tim Louis & Company Law
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

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