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Accident Benefits Claim: How To Prove Your Claim?

Dec 26, 2020


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Very often, we face accidents on the road, workplace, or even in our homes. There are several accident benefits claim available, but we fail to avail proper compensation most of the time. This is because we don't know how to prove our claim.


With proper documentation and testimonials, the claim process becomes easier. Not only that, your chance of getting maximum compensation increases too.


In this guide, we will explain the elements of proof necessary for your appeal. Also, these proofs will help you prove your innocence in case of an accident.



Accident Benefits Claim: What Documents do You Need to Claim?


First of all, it is essential to document the scene of the accident. Indeed, the fault is mainly proven by photos, videos, and testimonials. Apart from that, you should consider the following things in mind.



Physical and Medical Harm


The physical harm following an accident can be numerous, and the importance varies greatly. It can be from head trauma, paraplegia, or quadriplegia to less serious cases, such as broken leg or arthritis. However, regardless of your medical injury, it must be well documented.


Harm at the physical level can also include a large number of troubles and inconveniences.


We find, for example:




  • Loss of autonomy (difficulty washing, combing your hair, getting up from the toilet seat, putting on stockings for clothing, etc.);

  • Loss of equilibrium;

  • Difficulty using ladders or stepladders;

  • Difficulty walking on snowy or icy ground;

  • Slowness on the stairs;

  • Fatigability;

  • Obligation to take naps.


Please note that this list is not exhaustive. It is important to establish a personal list that includes all the difficulties and limitations you are experiencing.


It should be noted that they will need your complete medical file. The file should have all information from the date of the accident until the day the appeal is filed.


The medical file will be useful to the medical expert-




  • For evaluation of the after-effects

  • For the evaluation of the permanent after-effects or

  • For the evaluation of the bodily injury following the accident


It often happens that the insurance company representing the defendant asks for the entire medical file. They try to demonstrate a pre-existing personal condition and to lessen their client's liability for your bodily injury.


In particular, it is necessary to keep:




  • Copy of the police report (to demonstrate the time of the event);

  • Copy of the ambulance invoice (to claim the ambulance costs);

  • Copy of medical documents from each doctor or specialist met after the accident;

  • Copy of operative and post-operative reports, if applicable;

  • Drug bills;

  • If you have had physiotherapy, occupational therapy, psychotherapy, or other treatments: a copy of the file with the number of treatments;

  • Parking receipts for appointments for physiotherapy, occupational therapy, psychotherapy, or other treatments;

  • Mileage log for treatments or follow-ups at the clinic or hospital.


Financial Loss


The salary is often the biggest financial damage if you are unable to work as a result of the accident.


First of all, it will be necessary to assess your temporary total incapacity or your permanent partial incapacity. For example, your inability to stand or sit for a long time.


To prove the financial loss, we need, among other things:




  • Tax reports for the last five years before the accident to date;

  • Copy of pay stubs from the time of the accident to date;

  • Copy of the collective agreement.


Besides, insurers will ask for proof of payment of compensation. They will try to show that you have not suffered as much loss as you are claiming.


It is also important to keep physical evidence until the final judgment on the case. So, one should not throw away any items that were damaged in the accident. It doesn't matter if it was torn clothes or a broken computer.


Indeed, it often happens that the defendant wants to check these objects, proceeding by expert reports. They'll try to demonstrate that they were not damaged by accident.


Sometimes you need to make the necessary adaptations in the house due to your limitations resulting from the accident. For example, grab bars, access ramps, lifts, etc. It is important to keep the invoices to claim the expenses of the accident.



Social Harm


In addition to bodily harm and financial harm, there is social harm, which is often overlooked.


Social harm includes activities affected by your accident, such as:




  • Difficulty riding a bicycle;

  • Difficulty getting into an automobile;

  • Difficulty getting on a boat;

  • Difficulty taking walks;


Conclusion


Finally, you have to pay attention to the limitation period. That is to say, the maximum legal period to sue a person. The usual period is three years from the birth of the right. It may be different in certain cases, notably in the case of a lawsuit against a city.


Even if the time limit in your case is three years, a lawyer cannot carry out proceedings at the last minute. Consequently, do not hesitate to contact Personal Injury Lawyers in Airdrie as soon as you have a question.