Personal Injury Law Articles
Evidence in Personal Injury Cases
Facebook or other social networking sites and your personal injury claim
Things to be careful of when pursuing your accident case
Evidence in Personal Injury Cases Matters:
Why calling a lawyer now is better than calling a lawyer later.
Evidence in personal injury cases includes but is not limited to hospital records, ambulance reports, witness statements, police records, photographs of the accident scene, photographs of injuries, medical reports, employer's records, tax returns, OHIP summaries, bank statements and the list goes on.
The problems is that evidence can disappear making an accident victim's case that much more difficult to prove and that much more difficult to quantify.
Take the slip and fall case on an icy patch of pavement. If photographs are not taken of the accident scene immediately, it will be nearly impossible to fully appreciate how the accident happened and who is at fault. We can certainly make educated guesses, but knowing with certainty how large the patch of ice was, where it was, and how slippery it was will be very difficult to re-create completely.
What about the lay witness who saw the person slip and fall on the ice. If your lawyer does not get their contact information immediately and conduct an interview, it's possible that witness may not be reachable in the future because of an address change, they may have forgotten what happened, or they may simply no longer want to co-operate. What about the injuries to an accident victim? Blood, breaks and bruises heal. If your lawyer does not have photographs of what those injuries are, it will be very difficult for the insurer, judge or jury to fully appreciate the extent of the damages to the accident victim.
Pictures, whether they are of an accident scene or of injuries are powerful evidentiary tools used by all Plaintiff lawyers to help their clients prove their cases. The more pictures which a Plaintiff lawyer has to prove their case, the better. But if accident victims wait too long to contact their lawyer to build their case; evidence gets lost, damaged and photos may be impossible to attain; thereby hurting the accident victim's case.
Goldfinger Personal Injury Law has a knack at getting the best source evidence to better help build your case. Calling us today can mean the difference between building and preserving a winning case; and losing what could have otherwise been a successful case. Contact Goldfinger Personal Injury Law today for a free consultation.
How Facebook can impact your personal injury/disability claim in Ontario
Social networking sites like Facebook and MySpace have become increasingly popular over the years. People use these website to post information about themselves, post photos, even videos. These websites are intended to be a fun way to network and interact with others.
Accident victims who start legal actions often make claims that their lives have changed since their accident. People complain of constant pain, fatigue, depression, anxiety and being unable to enjoy their activities or their lives like they did before their accident.
Traditionally, insurance companies have requested mountains of documents and medical records to substantiate and confirm the accuracy of an accident victim's personal injury claim. Insurance companies are now starting to look to less traditional avenues to get all the dirt they can on an accident victim's claim.
Insurance companies are now starting to investigate the content of people's Facebook and Myspace pages to confirm the accuracy and verify the credibility of an accident victim's case. If you've been hurt or injured in an accident, it's very important to monitor exactly what content you put on these websites.
Ontario Courts have recently ruled that the content of social networking pages like Facebook and Myspace is relevant in personal injury cases. What that means is when an insurance company finds out that you have a profile on one of these websites; regardless if it's a public profile; or a private profile; it will likely be ordered by the Court that any information, photos and/or videos from these pages be produced to the insurer.
If the accident victims says one thing, but the information, pictures or videos on a social networking site say another; the accident victim will be caught in their lie.
Insurance adjusters are now being trained to search social networking sites to get all the information they can on an accident claimant. All of the information which they can get publicly; or through application to the Court will be used against the accident victim in their case.
What can you do to protect yourself?
- Well; for starters; don't lie to yourself, the insurer or your lawyer.
- Take down your Facebook page. Take down your Myspace page.
- Don't even give the insurer any opportunity to dig for information which can be used against you.
If you think you can hide that you have a profile on a social networking page from an insurer; you're wrong. If you lie, you're not only lying to the insurer, your lawyer and yourself; but you're also seriously jeopardizing your case. Insurers can also ask your family at discovery or trial whether or not you have a social networking page like Facebook or Myspace. It's just best you take the page down.
Things to be careful of when pursuing your accident case.
After you’ve been hurt of injured in an accident, there are a few important things to be certain of:
- Consult a lawyer who specializes in accident claims immediately. There is a limitation period in Ontario to sue. This limitation varies, depending on the facts of your case and the sort of accident. But, generally, you have 2 years to sue from the date of the accident. There are all sorts of other limitation periods which you need to be aware of, which is important to consult a lawyer immediately to ensure that your right to sue is protected.
- See your family doctor immediately after the accident. Hospitals generally rush their patients out to make room for more patients because they’re so busy. Sometimes people are discharged from hospitals with poor follow up instructions or improper treatment or medications. See your family doctor. They know you best. If you don’t have a family doctor, ask around.
- Make sure you bring your lawyer all the documents you have in your possession relating to your claim. Documents you might not think to be relevant, might be very relevant. Let a lawyer be the judge of that.
- Be careful of surveillance. After you’ve commenced an action, sometimes insurance companies hire private investigators to conduct surveillance on you. They may wait outside of your home in a van and videotape you. This is allowed. They will use this surveillance evidence to show that you are able to carry the trash, if you say that you cannot. Or show that you are walking perfectly well, when you’re saying that you walk with a limp after the accident. Be careful.
- Make sure you tell your lawyer exactly where the accident happened, and who was involved. This is important so your lawyer knows exactly who to sue. If your lawyer doesn’t have all of the information, your lawyer might sue the wrong party, which will effect your case.
The laws for car accidents, and personal injury claims are complicated and constantly changing. This is why you need an experienced lawyer to point you in the right direction and help you with your claim from start to finish. Brian Goldfinger of Goldfinger Personal Injury Law is a Canadian trained lawyer who only represents accident victims. Do not see somebody who does not specialize in personal injury. This may likely impact your case.
