May 9, 2019

ACCIDENT BENEFITS UPDATE: SERVICE FEE RECOVERY

If you have been seriously injured in a motor vehicle accident, it can be difficult performing routine tasks that you used to take for granted.  You may feel fatigued, frustrated and overwhelmed. At the same time your insurance company will be pressuring you to return to work and resume your daily activities.

You are used to meeting your own and other people’s expectations of you.  Suddenly, as a result of ongoing limitations since the accident, you have to ask for help.  Far too often, you and others in your situation will not get the help you need. In many cases, you will feel too embarrassed to depend on people. You will try to shoulder more than you can handle safely, dealing with the pain and other consequences that follow, for example, from simple household chores like preparing meals, making a bed or carrying groceries.

If you are seriously physically, psychologically or cognitively impaired following a collision, it can be crucial to your recovery to seek assistance from a reputable personal injury law firm.  Your lawyers should be able to put a strong rehabilitation team together for you, and will fight to ensure your treatment needs continue to be met.  They should have experience challenging the strategies that insurers use to deny your accident benefits claims.

We recommend that our clients listen to their treatment providers and their own bodies, and that they exercise caution at all times when attempting to resume familiar daily activities.

A simple example involves walking to the local supermarket and purchasing a couple of bags of groceries. Often, as your physical strength, balance and stamina improve through ongoing treatment, you will be encouraged by your progress and will want to take the next step towards “normal” life.  However, just because you are feeling good at that time does not mean that the walk or carrying groceries is a good idea for your recovery. We see clients overtax themselves in this manner and suffer setbacks in their rehabilitation, often reaggravating existing injuries or even causing new ones.

The safer choice until you have been cleared by your treatment providers to resume these activities is to ask a family member or friend for assistance.  We also recommend that our clients use an online grocery delivery service. These services are an excellent means of avoiding the potential negative consequences from trying to do it yourself.  They will deliver the items to your home so that you do not have to carry anything heavy. Some are no charge. Others charge based on the amount purchased. If you do pay a fee, it can be submitted to your insurance company or recovered in your lawsuit.

At Campisi LLP, we take great pride in putting our clients first, by assisting you with all aspects of your recovery.  If you would like to discuss please contact us for a free consultation.


Cesar Carranza

Cesar Carranza is the head of Campisi Law's Accident Benefits Department. He represents the firm’s clients at mediations and pre-arbitration hearings at the Financial Services Commission of Ontario (FSCO). Under Cesar’s representation, clients are in very good hands. Cesar is a veritable encyclopaedia of accident benefits and is well-versed in the intricate issues that surround Accident Benefits claims.

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