It seems obvious that someone that has sustained a visible injury as the result of an accident can file a personal injury claim. Yet the victim of an accident could get harmed in ways that were not immediately visible.
The varied costs associated with an injury
• The cost of treatment and rehabilitation
• The cost of medication
• The cost of necessary medical equipment
• Time period when you could not be present at your workplace.
• Any lost future earning opportunities
• Possible punitive damages
An action expected of the plaintiff
The plaintiff must prove that the reported injury is real. The insurance industry has created a mechanism for establishing the existence of that proof. That mechanism is called an independent medical exam (IME).
What is an IME? It is an examination of the plaintiff, one that id conducted by a physician that has been chosen by the insurance company. The examining doctor is supposed to offer an objective opinion, regarding the presence or absence of the reported injury.
Does the plaintiff have to attend a scheduled IME? In most cases, yes, but there are exceptions. The insurance company decides on the location for the exam. If the plaintiff feels that a trip to that particular location would be an undue burden, then it becomes the plaintiff’s right to refuse to undertake the requested trip.
Without the aid of an injury lawyer in Grande Prairie, a plaintiff might struggle to demonstrate the existence of a burden, if he or she were to attend the scheduled medical exam. That fact underscores the reason that smart claimants seek out and retain a good lawyer, when filing a personal injury claim.
The role of mitigation of a reported injury
All injured claimants are expected to mitigate their injuries. The first step in the mitigation process involves visiting a doctor as soon as possible, following the accident’s occurrence.
Sometimes a driver that has remained uninjured assumes that any passengers also managed to escape any injury. Drivers that have made such an assumption could make a fatal mistake. They might neglect to arrange for any passenger to visit a doctor soon after the accident has taken place.
The making of such a mistake could result in some unfortunate consequences. The passenger might suffer from some late-appearing symptoms. A doctor might not appreciate the cause of those symptoms, if the same doctor had not seen that particular passenger earlier.
For instance, someone with a traumatic brain injury (TBI) might have no visible symptoms on the day of the accident. Yet that same patient might have a dizzy spell many months later. If no doctor had conducted an earlier examination of that unfortunate passenger, then the cause for the dizziness might remain a mystery.