Keep a Car Accident Diary to Protect Your Claim
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| report writing on road accident |
Creating a Post-Accident Pain Journal
It’s important to keep a personal injury diary because it can take months or even years to resolve a personal injury claim. In that time, our memories can fade significantly and a diary will help you recall the pain and suffering you’ve experienced as a result of the accident.
Your diary is a written account of how the injury has impacted your daily life, including physical pain and suffering, as well as mental or emotional pain and suffering, such as recurring nightmares about the accident.
It is important to address any restrictions you experience as a result of the accident. Keep track of activities you can no longer complete, such as working, exercising or attending special events, as well as whether your loved ones have had to take on additional responsibilities.
You should also use your diary to document out-of-pocket expenses you may incur, such as assistive devices and medication and to record dates of medical appointments and treatment, such as physiotherapy.
A personal injury diary can help measure the impact an accident has had on your life, helping your lawyer negotiate fair and proper compensation with the insurance company.
If I’m involved in a motor vehicle collision and unable to return to work, am I able to recover a wage?
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| Post Accident Pain Journal |
Anyone injured in a motor vehicle collision may be eligible for benefits under the Statutory Accident Benefits Schedule regardless of who is at fault. If you’re unable to return to work as a result of those injuries, it’s wise to seek legal counsel right away to ensure you receive the benefits you are entitled to, which can vary by circumstance.
If you were employed or self-employed at the time of the collision or were employed for 26 of the 52 weeks before the accident, you may be entitled to an ‘income replacement benefit’ through your motor vehicle insurance company. These benefits partially compensate you for your loss of income: you may receive weekly income replacement benefits of 70% of your gross income to a maximum of $400 a week for up to two years (excluding the first week).
If you are completely unable to work more than two years after the accident, in any employment that takes into consideration your education, training and experience, you may be eligible to continue receiving income replacement benefits.
If the accident was the fault of another party, you may be eligible for a ‘top up’ through that party’s insurance company. If you weren’t working at the time of the accident – perhaps you were in school, you may be eligible for a ‘non-earner benefit’ through your own insurance company of $185 per week, an amount that kicks in six months after the accident.