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April 2, 2024

Common Mistakes to Avoid in Alberta Injury Settlements

Avoid these mistakes to ensure you don't find yourself lost in the maze of legal nuances, ensuring a fair and accurate representation of your case.

Sangin (Sam) Safi

April 2, 2024

If you’re navigating the complexities of an injury settlement, avoid undervaluing your claim or hastily accepting a settlement that fails to account for the full extent of your injuries. Have the tax implications of your accident compensation crossed your mind? It’s essential to steer clear of common pitfalls that, while seemingly minor, can significantly affect your claim’s outcome.

Avoiding these mistakes ensures you don’t find yourself lost in the maze of legal nuances, ensuring a fair and accurate representation of your case.

Ignoring Medical Advice Post-Injury

The biggest mistake you can make after an accident is not visiting your doctor to document your injuries. The next important mistake you want to avoid after an injury is ignoring your doctor’s advice. This isn’t merely about your health – it greatly impacts the strength of your injury claim. When you disregard medical advice, you risk worsening your condition. Additionally, it can jeopardize your claim, as your actions might be used by the insurance company to argue against the severity of your injuries.

Follow your doctor’s instructions and document your medical treatment. This documentation is pivotal evidence for demonstrating the extent of your injuries to the insurance company. Follow up on referrals promptly, as delays can be misconstrued as a lack of severity or urgency regarding your injury.

Consult a personal injury lawyer early in the process. They can provide guidance on how to handle your injury claim and ensure your actions don’t inadvertently undermine it. Remember, your actions post-injury can greatly impact your claim’s outcome. So, heed medical advice, document your treatment, and seek legal advice. These steps will strengthen your claim and improve your chances of a fair settlement.

Not Documenting the Incident Properly

In the wake of an accident, it’s essential that you’re meticulous about documenting every detail, as this can greatly influence the strength of your injury claim. The proper documentation of the incident, including photographs, witness information, and police reports, can be a game-changer in your case.

We have created a helpful Car Accident Checklist that you can download, print and keep a copy in your vehicle’s glovebox. You never know when you may need it, and it’s best to be prepared in the event of a motor vehicle accident.

Your personal injury lawyer will require this information to effectively advocate for you, and the absence of thorough, accurate documentation could potentially weaken your case. Pay special attention to the accident circumstances, including weather conditions, road markings, and any contributing factors. Your lawyer can use this information to build a robust case, increasing the chances of a favourable outcome.

Also, remember to keep detailed notes about the injuries sustained and medical treatment received. This can help substantiate the severity of your injuries and the impact they’ve had on your life.

In short, failing to document the incident properly can undermine your injury claim. So, be consistent and organized in your documentation process. By doing so, you considerably strengthen your claim, moving a step closer to the fair compensation that you rightly deserve. In this challenging time, every detail matters.

Underestimating Future Medical Costs

It’s important not to underestimate the impact of future medical costs on your injury claim. These costs can be significant in personal injury cases, often involving ongoing treatments, therapies, and medications. A hasty decision to settle might leave you grappling with financial strain and insufficient funds for long-term care.

To avoid this, it’s vital to make an accurate assessment of your future medical needs. Your doctors and other medical professionals can help you understand the potential costs of your recovery. Consider all factors, from the cost of rehabilitation and assistive devices to the expense of home modifications and even potential complications that could arise.

Settling Without Obtaining Legal Advice from an Injury Lawyer

While it’s important not to underestimate future medical costs, it’s equally important not to settle your claim without seeking legal advice. Settling without legal advice is a common mistake that could lead you to accept a compensation amount that falls short of covering your damages. This usually happens when you’re unable to understand your rights and the value of your claim.

Legal guidance from an experienced personal injury lawyer is invaluable, especially in complex injury settlements. Lawyers are skilled in evaluating the true worth of your claim, considering every detail of your injury and its impact on your life. Without their expertise, you may overlook important aspects of your claim, leading to a settlement that doesn’t fairly compensate you.

Additionally, a lawyer can negotiate on your behalf. Their negotiation skills and legal knowledge can be instrumental in maximizing your compensation. You don’t want to miss out on this potential benefit by settling without legal advice.

To avoid these costly mistakes, always seek legal advice before settling your injury claim. It’s an investment that could significantly increase your compensation, ensuring you’re adequately covered for your damages.

Don’t underestimate the value your personal injury lawyer can bring to your situation. At Safi Law Group, personal injury law is a core focus area in our Edmonton law firm, and we are here to protect your rights, help you receive fair compensation for your injuries, and hold the negligent parties accountable. Contact us today; we offer free consultations and a “no-win, no-fee” approach to our legal services, meaning our cases are handled on a contingency basis.

Overlooking Non-Economic Damages

Pain, suffering, and emotional distress you’ve experienced should not be overlooked. These damages aren’t as easily quantifiable as medical bills or lost wages, but they’re just as significant.

In Alberta injury settlements, non-economic damages are a crucial part of compensation calculations in accident cases. They reflect the emotional toll your injury has taken, from chronic pain that disrupts your daily routine to the emotional distress from coping with a traumatic event. This mental and emotional impact is often overlooked, leading to undervaluing the overall compensation.

Documenting your pain and suffering can be challenging, but it’s essential. Keeping a journal detailing your daily struggles, seeking professional mental health support, and maintaining regular communication with your doctor are all ways to substantiate these damages. It’s essential not to downplay your pain and distress, as doing so could result in a lower settlement.

Accepting the First Settlement Offer

Jumping at the first offer might seem tempting, but it’s important to remember that these initial proposals often fall short of fully compensating for your injuries and related expenses. They might appear substantial at first glance but often fail to cover the long-term damages you might be facing.

You’re not obliged to accept the first offer. In fact, it’s often wise to reject the initial proposal. This isn’t a sign of greed; it’s about getting the fair compensation you deserve. Insurance companies typically start with a lowball offer, hoping you’ll take the bait. Don’t fall into this trap.

Negotiating for a higher compensation can feel intimidating, but that’s where a personal injury lawyer comes in. They have the experience and expertise to value your claim and negotiate on your behalf accurately. They’ll make sure that all aspects of your case, including medical bills, pain, suffering, and lost earnings, are taken into account.

Don’t try to go it alone. Seeking legal advice is crucial in securing fair and full compensation for your injuries. Consult with a personal injury lawyer in our law firm. We will guide you through this complex process, helping you avoid costly mistakes and ensuring your best interests are protected.

Misunderstanding Alberta’s Injury Laws

Just as it’s important to reject lowball settlement offers, it’s equally essential to have a clear understanding of Alberta’s specific injury laws, which can greatly impact your compensation. Misunderstanding Alberta injury laws is a common error that can hinder your ability to secure fair compensation. Most people don’t fully understand what they are entitled to, and that’s where an experienced car accident lawyer can help.

Alberta has unique regulations, such as the Minor Injury Regulations and Diagnostic Protocols, that distinctly influence injury settlements. These protocols are designed to classify injuries and provide guidance on appropriate treatment. Misinterpreting or overlooking these regulations can result in an inaccurate assessment of your claim.

A common misapprehension is the cap on minor injury settlements. The cap is the maximum compensation amount permitted for certain kinds of injuries. Ignorance of this cap can lead to unrealistic expectations and disappointment with your settlement.

Additionally, it’s crucial to recognize exceptions to the cap. For instance, injuries involving nerves or tendons often exceed the cap, altering the compensation you may be eligible for. Being unaware of these exceptions can cost you significantly.

Neglecting Emotional and Psychological Impact

It’s important not to overlook the emotional and psychological impact of your injuries, as they can greatly influence the value of your settlement. Emotional distress and psychological suffering often go hand in hand with physical trauma, leading to significant mental health effects such as anxiety, depression, or even PTSD.

Ignoring these aspects can undervalue your claim and rob you of a fair settlement. Thus, it’s critical to document these intangible damages and share them with your legal counsel. Seek professional help if you’re dealing with emotional distress, as their expert opinion can substantiate your claim and provide the necessary evidence to support it.

Contact Us today for a Free Initial Consultation for your Accident Settlement

Accident injury settlements can bring potential pitfalls. However, by being aware of these common mistakes, you can ensure you are appropriately compensated for your injuries. Legal complexities should never stand between you and the justice you deserve. If you’ve suffered an accident injury, don’t suffer in silence. Reach out to a trusted, experienced personal injury lawyer in Edmonton who can guide you through the process, ensuring your rights are protected and helping you avoid these common mistakes.

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