Your role is to focus on recovery from your injuries. We will keep you informed about what is happening with your claim and we will follow up with you for updates on your status and when there are decisions you need to make. What follows are some general tips about different things you should do during your recovery phase.
Be sure to keep us advised of any change in your address or telephone number. If you need to speak with a lawyer handling your case please call us for an appointment so that we can make sure he or she is available to meet with you.
We also ask that you contact the paralegal assigned to your case immediately if you change jobs, move or change telephone numbers, or are scheduled for surgery or an appointment to see a specialist regarding your injuries. In addition, we ask that you contact your paralegal once every 6 weeks to provide an update on your condition and any new receipts or documentation related to your claim.
If you are ticketed, charged or were arrested in connection with this accident, or in the event of a coroner’s inquest, call us immediately and we will advise you.
If you have Facebook, MySpace, Twitter, a personal blog or you participate in other social networking sites you need to know that ICBC has been known to use Facebook for investigative purposes and has used the information gathered from social networking sites to attack plaintiffs’ cases on issues of credibility and claims regarding the extent of injuries. Because the law in this area is developing with respect to what you are required to disclose to ICBC (regardless of your account privacy settings) we strongly recommend that you stay off social networking sites and blogs until your case is resolved.
If you have not done so already, see your family doctor as soon as possible after your accident and continue visits on a regular basis, as advised by your doctor, for as long as you have any symptoms. Be sure to tell your doctor about all of your symptoms (physical, mental or emotional) arising from the accident. If you see any other doctor or health care professional (such as physiotherapists, chiropractors or massage therapists) be sure to advise us immediately and provide their contact information to the paralegal assigned to your case. Use a daily journal to keep track of the dates you see your doctor and other health care providers, who you saw, the purpose of your visit, and what they told you to do. Be sure to follow advice regarding treatment.
Make sure your doctor fully and accurately documents all your injuries in your clinical records. It is common for ICBC lawyers to get full copies of your medical records and then argue that if your doctor did not record something on a particular office visit that you must have been okay. If your doctor is not recording what you tell him or her don’t be afraid to speak up and tell them why you want your symptoms recorded. If they continue to rush or skip writing down what you tell them, let us know.
Personal injury cases can take many months to resolve and a written account of your progress can be extremely helpful as a reference if significant time passes before you are asked to testify about your pain and injuries in detail.
Your daily journal is intended for your reference and we will claim privilege over it to prevent it being released to ICBC, BUT be aware it may need to be released and you may be examined or cross-examined by ICBC’s lawyers on its contents. Do not disclose your daily journal to anyone except your lawyer.
If you need help or you are unsure about how to keep your records, call our office for an appointment and one of our staff will walk you through the process and answer any questions you may have.
Your daily journal should include all of your symptoms and your progress including:
Record on a daily basis whether you are having pain or other medical problems as a result of your injuries. For example, if you have an aching back or neck, or experience headaches, record it when they occur and the degree of pain (mild, moderate or severe). In your own words try to describe what type of pain you experience (throbbing, shooting, aching), whether there is anything that triggers it, makes it worse or makes it stop and how long the pain lasts.
You must also record how your injuries are progressing, whether there is any improvement or whether your condition is getting worse. It is helpful to do this on a weekly basis and try to identify what particular problems are improving and if any symptoms are getting worse.
When, where, who you saw, for what and what prescriptions, therapies or treatments were prescribed.
Keep an accurate daily record of all medications you are taking. Any time you take a pill, prescription or remedy which is accident related, you should record the name of the prescription and the number of pills you took that day.
Include journal entries any time you go for treatment (e.g., acupuncture, ultrasound) or therapy (e.g., massage or physio). Note who you saw, for what and describe how it made you feel and any impact on your symptoms. If you are required to be in the hospital and are receiving any type of treatment like traction or physical therapy, please notify our office. Similarly, if your doctor has decided to refer you to a specialist or you are being scheduled to have surgery, please notify our office.
Keep in mind that you may be asked to explain in detail what effect your injuries have had on all aspects of your normal day to day routine. Typical questions you may be asked by ICBC legal counsel include:
When describing the effects the accident has had on your daily life be descriptive both in terms of what you are unable to do, why you avoid doing it, and the degree of pain you feel when you try. For example, saying “I can’t do housework anymore” is less descriptive of how your injuries have changed your life than saying “I am not able to vacuum my home as well as I use to because I get strong shooting pains up my back when I lift or push the vacuum cleaner around.” Or “I won’t lift my two year old now because my shoulder immediately starts aching whenever I lift anything that is more than 10lbs.” Avoid using the word “can’t” as it could be misleading. It’s an appropriate description if what you are trying to describe is physically impossible for you to accomplish no matter how hard you try.
We may suggest that you contact your friends, neighbors, associates at work, etc., and on a separate sheet of paper for each witness give us his/her name, address and telephone number. Have each describe what he or she knows about how this injury changed your life. For example, your neighbor might tell about how you are not able to work as much around the house, or your friends could tell how you don’t snowboard now, or you don’t engage in some other type of hobby. It is better if these witnesses are not your relatives. It is all right if they are your friends, because they would be more likely to have observed you.
If you were employed at the time of the accident, keep a separate detailed record of all days lost from work because of your injuries and what you would have been paid. This includes both days you were unable to work and days off due to medical appointments. If your injuries prevented you from accepting work or taking a new job, record the details including contact names and wages you expected to receive. If your injuries caused you to lose your job, keep a detailed record of any efforts you have made to find other employment.
If you were self-employed at the time of the accident be sure to discuss this with us because there are special considerations in proving any loss to your business.
One of the major aspects of your case may be loss of income or potential income. In addition to your T4s and tax returns, we will need copies of any documents showing projected wage rates (for example, union collective agreements may have information about your anticipated future rate of pay, information on seniority and access to benefits).
Please obtain from your employer the exact days you missed from work because of the accident and your loss of income. If this injury has prevented advancement in your employment or has prevented you from obtaining employment, please give us the names, addresses and telephone numbers of witnesses who can prove this for you.
If you have private coverage through an insurer other than ICBC for medical expenses, you should submit those expenses to that medical insurer for payment. We will submit any unpaid balance to ICBC under Part 7 of the regulations. Typical carriers would include Blue Cross, Great West and Manulife etc.
