Getting injured because of someone else’s carelessness throws your whole world off balance. You’re dealing with pain, medical appointments, and bills piling up while you can’t work. When you’re filing a personal injury claim, knowing how to get the most from your settlement isn’t just helpful, it’s essential for your recovery and future.
Steps To Maximize Your Personal Injury Settlement
Document Everything Right Away
Those first few hours and days after your accident matter more than you might think. Sure, your health comes first, but if possible, start gathering evidence right away. Photograph the scene of the accident, any damages to your car or property, any part of your body where you’re hurt, and anything that could have contributed to the accident, like a broken sidewalk or a busted traffic light.
Talk to witnesses while they’re still there. People forget details quickly, and tracking them down weeks later can be nearly impossible. If the police showed up, get a copy of their report. Insurance companies take official reports seriously.
This is something most people fail to understand: going to the emergency department or your family doctor soon after the accident is important. If you try to bring a lawsuit claiming you were injured, but did not attend for medical care after the accident, the insurance company will use this to argue you were probably not seriously injured, or even injured at all.
Figure Out What You’re Actually Owed
Your settlement should cover way more than just your treatment expenses beyond those paid by OHIP. You are entitled to compensation for all your financial losses, plus damages for the loss of enjoyment of life (pain and suffering). The financial side includes medical and treatment expenses not covered by OHIP, prescription drugs, lost wages, loss of housekeeping capacity and future medical expenses, among other things.
If your injury affects your ability to work long-term, that’s potentially worth hundreds of thousands across your lifetime; depending on your career trajectory at the time of the accident, and how this has been affected by the accident. These calculations get complicated fast. Sometimes you need experts to determine the exact extent of your future losses.
Your Medical Treatment Approach Matters
Insurance companies play close attention to your treatment (or lack of treatment) after an accident. Consistent care from suitable health care providers strengthens your case. Stick with established medical and treatment professionals and follow their recommendations.
Don’t rush to settle before you know how bad your injuries really are. You may expect things to improve with treatment; but what if they do not? Or, what if your condition gets worse with time. It is wise to hold off from any settlement until your symptoms have plateaued, so you know your baseline going forward. Once you sign that settlement agreement, you can’t come back for more money if things get worse.
Avoid These Settlement Destroyers
Some mistakes can damage your claim. Never give a recorded statement to the other driver’s insurance company without a lawyer present. Their adjusters know exactly how to get you to say things that hurt your case or make you look partly responsible.
Be careful what you post online. Insurance companies check your social media looking for anything that contradicts your injury claims. That photo from your friend’s birthday party might seem harmless, but they can use it against you.
Stop downplaying your pain when you talk to doctors or insurance people. Some folks naturally say they’re “doing okay” even when they’re miserable. This habit can cost you thousands in settlement negotiations.
Win the Negotiation
Insurance companies almost never make fair first offers. Their opening bids are usually insultingly low, testing whether you’ll take peanuts just to get it over with. Expect this and don’t get discouraged. If you are able, be prepared to wait it out and go to trial if need be.
Ensure your argument has concrete evidence to support each dollar you are requesting. It is all about medical records and expert opinions, in addition to your own testimony as to how the injury altered your life. The more evidence, the more difficult it would be to lowball you.
Bear in mind that insurance companies just want to settle cases and forget them. When you have good evidence and substantial damages, they would frequently prefer to settle before taking a chance on a jury awarding you additional money. Sometimes it just takes a while, as there are some who will settle early for small amounts; and insurers will often gamble that you may be one of those people.
Know When You Need a Personal Injury Lawyer in Ottawa
If you have suffered serious injuries or your case involves complicated fault questions, should you should have a personal injury lawyer assisting you.
Our personal injury lawyers in Ottawa at SG Injury Law are experienced handling injury claims and knowledgeable about tactics employed by insurers to try to minimize your case. We can also tell you what your claim is really worth based on our experience handling hundreds of similar cases.
Get What You Deserve
Each personal injury case is unique and has its challenges and opportunities. The decisions you are going to make immediately after your accident may influence your finances many years afterward.
With more than 35 years of experience, the lawyers at SG Injury Law have assisted individuals in Ottawa and across Ontario receive their due compensation following an accident. With a strong track record, SG Injury Law works on a “no win, no fee” basis – you don’t pay unless we get you your rightful settlement.
Whether you’re dealing with a car accident, slip and fall, or other injury, our personal injury law firm Ottawa offers flexible consultations, including virtual meetings and home visits. Don’t let insurance companies take advantage of you. Contact our car accident lawyers in Ottawa today to learn how we can help maximize your settlement and protect your future.
Frequently Asked Questions
- How long do I have to file a personal injury lawsuit in Ontario?
Usually two years from the accident date, but don’t wait. Evidence disappears, and witnesses forget. So, you should get in touch with a personal injury lawyer serving Ottawa as soon as you can. - Should I take their first settlement offer?
Almost never. First offers are typically way too low because they expect you to negotiate. - What if I were partly at fault?
You can still get compensation in Ontario. If you were 25% at fault, you’d get 75% of your damages. You are also entitled to no-fault accident benefits regardless of who was at fault. - What if I never fully recover from my personal injury?
Permanent injuries usually mean higher settlements because of ongoing costs and life changes. - How do they calculate pain and suffering for my personal injury settlement?
They consider the severity of your injury, the length of recovery, potential permanent issues, your age, and how it impacts your daily life. This is considered in the context of a review of prior injury claims where judges have assessed and awarded damages, and then indexed for inflation.