Although surveillance is most commonly used in car wreck or motor vehicle accident claims, it is also used in other situations such as slip and falls or product liability claims where damages are claimed for personal injury.
Here are some survival tips from an experienced Ottawa personal injury lawyer to help you deal with the inevitable surveillance:
- Never, never exaggerate your limitations or the extent of your injuries from your accident when speaking to the insurance company or when going through the legal process. Assume that if you have played golf, they know. Assume that if you went hiking in the mountains they know. Assume that if you took a tire out of your trunk to fix a flat, they know.
- If you spot your "tail" make a note of the date and time and what you have been doing over the previous 3-4 days. The investigators usually follow their targets for several days at a time. Awareness of what the detective may have observed could help you when you give your own evidence.
- Assume you will be monitored when you go to mediation, examination for discovery or any medical appointments. The insurers know where you'll be and at what time, so you are easier to find and observe. For example, we had one case where our client was observed having a smoke break during the mediation. We have had many others where our accident victim clients have been videoed headed in and out of physiotherapy.
- Don't speak to the investigators. They should not approach you and you should not approach them. If they try to speak to you or interview you, decline and let your personal injury lawyer lawyer know right away.
A common defence tactic is to obtain surveillance. Then, on examination for discovery, to try to elicit evidence that can be contradicted by the surveillance. For example, the insurance company might try to get footage of you walking without your cane, and then get evidence from you where you say you cannot walk without a cane. Contradiction achieved! Remember, surveillance can only hurt you if you are shown performing tasks that you deny being able to perform.
Sometimes surveillance helps you. If the insurer displays a dvd to to jury, your lawyer may have an expert explain that it shows a problem with your walk or another medical problem that will bolster, not hurt, your claim. Or you may be observed taking a rest or requiring support in some other fashion.
As is so often the case in a personal injury case, the most important aspect is to be as accurate as possible about the impact of your accident.
Average Personal Injury Settlement
In any manner, a number of us have been engaged in accidents which cause us to suffer slight or serious personal injuries. Whether it is brought out by our own fault or other party’s misconduct, injuries or impairments still cause us to suffer much. However, on the latter case, it is highly-recommendable to file a personal injury claim against the unruly party to compensate whatever damages you have incurred.
The Personal Injury law, or the Tort Law, covers all the items which can be associated with personal injury cases. It also states all the possible sanctions which the accused may suffer including the financial damages that he may be obliged to pay to the victim. This law aims to aid the poor victims in their monetary needs such as paying for their hospital bills and sustaining their families’ daily basic necessities. Also, some torts can be included in criminal offenses that put a guilty party in jail. Otherwise, it is still necessary for the victims to pursue a case in the court to get it started. But, in doing this one should first know the basics of the Tort Law and strictly follow the proceedings of the case in order to bring quite a superior result in his legal battle.
Primarily, an individual should take in to account the three bases of the personal injury case before filing a petition. In most of its occurrence, the accident can be attributed to Negligence which explains that the defendant has to take the responsibility on whatever effects his failure of exercising his duties may inflict to the victims. Moreover, these incidents may also be connected to Intentional Wrong which means that an individual who will be proven of knowing the probable consequences of his actions but still choose to pursue it and cause injuries to people, is might as well be culpable of violating the law. The very last is Strict Liability which is applicable to those cases where the violator manufactured substandard or defective products which later cause injuries and impairments to those people who utilize it. These torts are the mere point of arguments in a personal injury lawsuit. That is why an individual must first determine what among these three torts is applicable to his case in order for him not to be lost in the process of his filing the claim.
Another thing is, like any other criminal court case, the petitioner is given the free will, under the law, to seek legal assistance coming from a respectable and duly qualified personal injury lawyer to help him out in his endeavor of pursuing the legal battle. This right will certainly boost the chances of the victims in obtaining success and in acquiring the largest possible financial damages in the shortest time. To add, a legal representation will probably ease the burden of these victims from undertaking the complicated procedures, thus, giving them much quality time to spend with their families and friends.
Finally, the actualization of one’s rights and the adherence to strict safety precautions is still much better than being engaged in this unpleasant situation. In whatever activities we execute, we must put in mind that prevention is much better than cure.
Both Brenda Hollingsworth And Richard Auger & Rainier Policarpio are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Brenda Hollingsworth And Richard Auger has sinced written about articles on various topics from Legal Matters, Drunk Driving and Lawsuit Financing. Brenda Hollingsworth and Richard Auger are Ottawa personal injury lawyers representing accident victims in Ontario, Canada. Their law firm is Auger Hollingsworth, located in Ottawa. They are the authors of "An Injured Victim's Guide to Fair Compensation".. Brenda Hollingsworth And Richard Auger's top article generates over 14800 views. Bookmark Brenda Hollingsworth And Richard Auger to your Favourites.
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