Filing For a Personal Injury Claim? Here's What Classifies as Personal Injury


A personal injury is any injury caused due to an accident that results in suffering and pain and can result in a loss of income. Under Canadian law, you're entitled to compensation for accidents that lead to injury, but you first need to file a personal injury claim. This monetary compensation may cover various expenses, losses, and damages. Here's everything you need to know about a personal injury claim in Canada and how to file for it.

A Car with a broken windshield




What is a Personal Injury Claim?

You can receive the compensation by either filing a personal injury claim or a personal injury lawsuit. The personal injury claim is filed with the insurance company with whom you then negotiate the settlement. The party at fault isn't present at these negotiations and is fully represented by the insurance company.

A personal injury lawsuit is filed with the court against the party at fault, demanding compensation through the court. The court decides whether the party was at fault and what compensation you should receive.

 

A paramedic performing CPR on a person


How to Claim Personal Injury?

Make sure to take legal advice before filing your claim and talking to the insurance company. Personal injury lawyers are experienced in handling such claims and lawsuits and can guide you accordingly. They can even help you through the process of filing the claim. You will need a personal injury lawyer to help negotiate with the insurance company. Following are the steps to file a personal injury claim.

Step 1 – Filing the Claim

The very first step is to file a claim with the insurance company or companies of the party at fault. This should be done as early as possible as most insurance companies require claims to be filed within 24 to 48 hours of the accident. Make sure not to misrepresent any facts as this can have serious consequences.

Step 2 – Investigation

Once you've made a claim, the insurance company will launch an investigation. This will involve:

· Going through your medical reports to assess the degree of personal injury.

· Visiting the scene of the accident and reviewing all the accident-related evidence.

· Going through police reports of the accident.

· Assessing the damage done to personal property.

Step 3 – Demand Letter

The next thing you need to do is to write a demand letter to the insurance company. It mentions the details of the accidents, the damages done and the compensation you think you should get.

Step 4 – Adjusting

Once the insurance company has received your demand letter, it'll check if your claim even has merit. If it does, the company will move to the next step.

Step 5 – Negotiating Settlement

Once the insurance company has decided that your claim has merit, you will have to negotiate a settlement with the insurance company.

Step 6 – Receiving Compensation

Once both the parties have reached a settlement and all the paperwork has been signed, you'll receive the compensation.

Filing a claim and negotiating a good enough compensation might not be an easy task. Make sure to hire the right legal professionals to help you with your claim. Don't talk to insurance officers until you've spoken to your lawyer, as anything you say can be held against you.

If you're looking for personal injury lawyers in Mississauga, contact Nanda and Associate Lawyers Professional Corporation. They handle personal injury, civil litigation, real estate, and family law cases. They're also one of the best Canadian immigration lawyers who can help you with your Canada spouse visa application and process.

For any legal trouble, book a free consultation right away!

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