In order to be successful in recouping the medical expenses from your personal injury insurance claim, you must satisfy the adjuster in terms of proving that the treatment was absolutely necessary and that the charges were nothing short of reasonable. The majority of injury victims have issues when they have to do so because they won’t understand the actual criteria by which the adjuster reviews their claim.
This causes frustration which will lead to hiring a lawyer in order to prove the actual value of the claim. The reality is that you should consider this right from the get-go and spare yourself a lot of time and missed opportunities.
Right after the automobile accident, you would have to undergo medical treatment in order to relieve or cure the injuries that you’ve sustained. This will suggest that the victim has to spend money as well as time to attend appointments, to go through diagnostic treatments and others of the kind. If it is shown that the negligent driving of the defendant has led to the injuries which require medical attention, past medical expenses could be legitimately recouped against the defendant in a lawsuit or through his insurance carrier.
Rules of Fault Determination
However, it is also important to understand that the province of Ontario has set forth the Rules of Fault Determination under the Insurance Act and there is a specific “no fault” rule which states that you are capable of claiming compensation from your own insurance carrier regardless of fault. This is a very convenient mechanism which significantly lessens the burden and makes sure that everything is handled in a quicker and easier manner on behalf of the victim. This is a legitimate solution and it should be considered in other legal doctrines, not just in Canada.
Nevertheless, you should also consider that if you fail to recover the full extent of your damages through your own insurance company, you can also pursue to other party if he has been found negligent. This happens through a regular personal injury lawsuit and you need to establish that he has been at fault, this fault caused the accident and that this accident caused the injuries that you are seeking compensation for.
In any case, regardless of whether you’d be filing against your insurance company or against the at-fault driver, you ought to consider working with a professional personal injury lawyer in Trenton. The reason is very simple and fairly straightforward – the cases are challenging to manage and they involve a serious amount of work. They require thorough knowledge of the law and as such, they have to be handled by someone with the necessary expertise, knowledge and, most importantly – ability to handle it. With a legal firm supporting your case, chances are very low that the claim is rejected or denied, as they understand the nuances of tort laws, but if you try to do it on your own, you stand to lose.