Mistakes A Client Should Avoid When Consulting A Lawyer In A Case Of Negligence.

One of the most important things you should do is to tell the truth, the whole truth and nothing but the truth.

If we have the facts, we are able to assist you whether those facts are good or bad. It does not help us put your claim forward if you leave something out thinking that it may not help your claim.

It’s also a mistake for someone to speak to an insurance company, to give medical evidence, or disclose medical records or statements. This makes our job more difficult. The client does not know what facts need to be fully disclosed to make sure that the claim is put forward in a fair and honest way and that there is proper compensation for the loss.

The law is critical in the way it looks at each person making a claim. The Negligence Act says that you can be contributory negligent which means that you won’t get the whole amount of your claim. A simple example might be a worker removing a manhole cover and somebody walks into that manhole while the worker is back at the truck getting the barriers. Logic may say that anybody who walks into the hole and is injured is not at fault and that the worker is at fault. But the law is a little more complicated than that. It says that, if someone is walking down the street, he owes a duty of care to watch where he is going. If he walks into a hole without watching where he is going, there may be contributory negligence in his injury. It could mean that a claim may be worth $100,000 but the injured person may only get $75,000 of that valuation of the claim because he was contributory negligent to the extent of 25 percent. So each case raises its own issues and it’s only by being honest with your lawyer and disclosing all the facts that we are able to assist you and make sure those facts can work positively for you.


If you, or someone you care about, is dealing with Personal injury law issues in the Toronto, Ontario Region, contact Tkatch & Associates

This article is taken from a November 29, 2007 Murray Tkatch, LL.B., Personal Injury Lawyer with Toronto Personal Injury Lawyer in Toronto, a Personal Injury Law Firm.

Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.