At What Point After A Car Accident Can The Injured Person Begin To Pursue Their Claim?

Sometimes when we see clients who have been involved in a collision, we know immediately that we are going to pursue a claim because of the severity of the injuries.

But for many people who have been involved in a collision, the issue is whether they may have soft tissue injuries, and when those injuries will go away. Soft tissue injuries may go away in two months, they might go away in two years, or they might never go away entirely, so the question people have is: when is the right time to call a lawyer?

There is no good answer to that. I do tend to find that if it is a soft tissue type claim, for instance you’re bothered by a sore neck or a sore back, the best thing to do is not necessarily to call a lawyer right away but rather seek immediate medical attention. Follow your doctor’s advice and try to get yourself better. If, within a couple of months after the collision, you continue to experience those problems and the pain persists and perhaps you are not able to get back to work and so on, that would be the time to consider retaining counsel.

The single biggest factor in determining whether or not any client can pursue a successful lawsuit against the other driver is allowing a period of time to pass. For example, if somebody suffers a sore back or a sore neck right after a collision, but within two weeks that soreness is gone and the person is able to return to full time work, even if it was a serious collision from the perspective of the damage done to the person’s vehicle, they would have virtually no ability to successfully claim against the other driver. It’s important to allow some period of time to go by in order to assess whether or not those injuries are going to heal quickly or whether it is going to be a more prolonged process. If it is going to be a more prolonged process, then the possibility exists of a potential claim against the other driver, and you should consult a lawyer.

If you, or someone you care about, is dealing with Personal injury law issues in the London, Ontario Region, contact Lomax Law Firm.

This article is taken from a June 5, 2008 interview with Rein Lomax, LL.B., Personal Injury Lawyer with Lomax Law Firm Professional Corporation in London, 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.