MacGillivray Injury and Insurance Law

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Ten Tips For Clients


10 Tidbits for Clients

1.  Follow your doctors’ orders
Follow the advice and recommendations of your treatment providers.  If for some reason you believe it is unsafe for you to proceed as advised, explain the problem to your family doctor or the recommending treatment provider.

2. A picture is worth a thousand words
Take pictures of your injuries frequently, including as soon as possible after an accident, and if you experience any setbacks.  Save and date all photos.

3.  Honesty is the best policy
Be honest with your lawyer.  You need to be able to trust me fully.  I am approachable and trustworthy, and can assure you it is in your best interest to be completely honest with me.  Every accident victim or wronged party was living a full life prior to the event that occurred brought them to my door.  Be up front with me about any sensitive history and I will do my best to inoculate you against it and make sure it does not need to needlessly harm your case.

4.  Don’t air your dirty laundry in public
Be very reluctant about what your post on social networking sites. The courts have been upholding defendant’s requests for disclosure from sites like Facebook.  Cases have fallen apart because friends have tagged victims participating in social events.

5.  Better safe than sorry
We will move your case along as fast as possible, but litigation is slow.  You may think you’ll remember how you are currently unable to wash your hair because of an accident, but you won’t be able to remember all the effects of an accident.  Hopefully, you will see at least some recovery and you will also adapt to your injuries, so much so that the adaptations you make may become your new normal.  Keep notes-on a regular basis.  I don’t care if they are typed or hand-written, on looseleaf or in a scribbler, as long as you keep them.

6. A stitch in time saves nine.
Insurance adjusters are quick to pounce on accident victims before you have a chance to wrap your head around your injuries and seek help.  At the other end, there are limitation periods to watch out for.   I have also met with clients who have tried to go it on their own and only sought legal advice after it was too late to appeal further unfortunately.  These are all things lawyers are trained to watch for.  If you contact us early on, we are able to help ensure these types of problems don’t arise.  If these situations sound familiar to you, that is ok too.  Give us a call and we will try our best to help.

7. Rome wasn’t built in a day
Although our early involvement can be important, as we will begin the preliminary work on your case like requesting your medical records, we will need your patience during your case.  We can’t resolve your claim until we are satisfied your condition has reached a plateau or we have strong evidence about where it is heading.  Litigation is slow and at each step, the court rules have built in time for Defendants to respond.

8. Actions speak louder than words.
Defendants often resort to surveillance to find evidence of your abilities.  Surveillance in and of itself isn’t a problem, so long as you are always honest.  If you are asked whether you have moved your lawn since an accident, tell the truth-if you have tried it three times, but only lasted ten minutes each time because it was too painful, then say that.  Then the surveillance will only serve to prove your statement and enhance your credibility.

9. The squeaky wheel gets the grease
Don’t suffer in silence.  We are limited by the evidence available in your case, so if you go to your doctor, and he says there is nothing more he can do for you, that is no reason not to mention the pain you are living with in the future.  Continue to express any concerns.  The doctor might realize the seriousness of your plight and consider further treatment, but if nothing else, at least it will be documented.

10.  One step forward, two steps back
When we first meet, I will have you sign releases to obtain your medical records.  As I explained above, litigation is a slow process and often involves waiting on the Defence.  However, we often find that when the ball is back in our court, we are often held up.  If we send out releases to be signed, please be sure to return these immediately, as they are needed to move your file forward.  Also, please be sure to keep your contact information at our office up to date, so we can send you these important documents and so your file does not get held up unnecessarily.

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