The Timing Of Making A Claim For Insurance Benefits.

The most common question I hear after someone has been injured in an accident is, “Do I have a claim?”

The answer is not an easy one for clients because they have to wait and see if they recover first. Or, if they don’t fully recover, their doctor is going to have to support them with documentation to show that their injuries are severe, permanent and disabling.
This is hard to for people to deal with when they are upset, hurt, and angry after a bad accident. But, the threshold for the claim has been set by the provincial government at the request of the auto insurance companies, so that is what we need to deal with.
Of course, in the case of some injuries, such as those to the spinal cord, we know that there will be a severe impairment caused by the injury and we see them as soon as possible. We explain to them they do need legal representation here in Ontario because there is a very complex system of accident benefits available to them on a no-fault basis. And, if they’re very severely injured, you have to start setting the stage for a catastrophic impairment declaration as early as possible. If their injuries are declared catastrophic, there is no ceiling on the benefits that they can get.
At this point, you arrange for a case manager to be appointed. Or, if the insurance company won’t do it, you have to appoint a case manager to make sure that the appropriate kinesiologists and specialists and all the necessary assessments are done as early as possible. It’s important to have independent and objective assessments done of your client before the insurance company doctors examine him or her. Their assessment is often more favorable to the insurance company so it is critical to have your own experts involved with the injured party right away. An experienced personal injury lawyer has access to experts who are accustomed to preparing reports that can withstand scrutiny by insurance companies and the courts.


If you, or someone you care about, is dealing with Personal injury law issues in the Brampton, Ontario Region, contact Folkes Legal Professional Corporation.

This article is taken from a April 28, 2008 interview with Ron Folkes, LL.B., Personal Injury Lawyer with Brampton Personal Injury Lawyer in Brampton, 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.