Tuesday September 22, 2015

Mitigating Your Losses – A Win-Win Decision

Authored by: Luke Godin, Articling Clerk Posted in: Personal Injury

Mitigating your losses after an injury.

Unfortunately, many injury victims have a tendency to delay or forgo medical treatment after an accident. Whether it is out of optimism or dislike of having to see a doctor, avoiding medical treatment can be even more harmful. First, injuries that could have been treated early on can become even more serious, with the result being a poor recovery. Second, lack of early treatment can impact an injury victim’s right to be fairly compensated for his or her injuries.

You only get one body, take care of it.

Suffering an injury as a result of another person’s negligence is a frustrating experience regardless of how serious your injury may be. A personal injury lawyer can help you seek compensation for your injuries. Our team of personal injury lawyers take an active role in facilitating medical assessments, and ensuring that injury victims get the proper care, treatment, and diagnosis that they need going forward.

Failing to take care of yourself will not result in you receiving more money in settlement.

Some people are very attentive to their injuries while others will allow themselves to ‘grin and bear it’ and do not have their injuries treated. Some simply feel that they do not have the time to care for their injuries.

Those who have been involved in an accident will quickly discover that the legal process has very little sympathy for those who do not follow the instructions from their treating physician. The law effectively states that an injured party cannot recover any loss that could have reasonably been avoided. An injured party must act as a reasonable person would in the same situation. Below is an example of what this may look like:

Joe, an avid baseball player, is rear ended in a car accident and breaks his arm. The doctor finds that he will likely make a 100% recovery as long as he goes to 5 physiotherapy sessions after the cast comes off. Joe is too busy and doesn’t bother go to physiotherapy. Now, 2 years later, Joe still can’t throw a baseball properly because of his arm. Joe will have a significant amount of difficulty claiming for compensation associated with this future lack of mobility as it is expected that Joe could have avoided this continued impairment. Joe may be even more upset when he finds out that he could have recovered the cost of those 5 physiotherapy sessions from the insurance company if he had attended.

To summarize, it is important to document your injuries and ensure that they are treated. Our team of personal injury lawyers have assisted thousands of individuals in not only getting the compensation they deserve, but in making sure that injury victims are properly assessed and treated for their injuries. That may involve simply discussing potential treatment options with your family doctor, ensuring that your insurer is paying for the treatments you need, or facilitating private treatment or investigation when appropriate. Ultimately our goal is the same- making sure that you recover, as best as possible, both medically and financially. 

Connect with a member of our team today to schedule your free consultation. To contact a member of our Personal Injury team call us at 902-469-9500 or 1-866-339-3400.

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