How to prove the damage suffered as a result of an accident

Here is a useful guide on what will be necessary for our study to build your civil liability file.

In this guide, we will explain the evidence needed in your appeal, as well as the means to prove the various damages, whether at the medical, financial or social level.

Gathering evidence to prove fault

First of all, it is essential to document the scene of the accident. Indeed, the fault is mainly proven by photos, videos and testimonials.

We remind you that the Civil Code of Québec imposes on the applicant the burden of proving the allegations contained in his application, by a preponderance of proof.

Physical and medical harm

The physical sequelae following an accident can be numerous and the importance varies greatly: from head trauma, paraplegia or tetraplegia to less severe cases, such as broken leg or arthritis. However, regardless of your medical harm, it must be well documented.

Physical harm can also include a large number of disorders and inconveniences.

We find, by way of example:

• Loss of autonomy (difficulty washing, styling, getting up from the toilet seat, putting on stockings to dress, etc.);
• Loss of balance;
• Difficulty using ladders or stepladders;
• Difficulty walking on snowy or icy ground;
• Slowness on the stairs;
• Fatigability;
• Obligation to take naps.

Please note that this list is not exhaustive and it is important to establish a personal list that includes all the difficulties and limitations you are experiencing.

It should be noted that naked will need your complete medical record from the date of the accident until the day of filing the appeal with the Court.

The medical record will be useful to the medical expert for the evaluation of the sequelae for the evaluation of the permanent sequelae or for the evaluation of the bodily injury following the accident.

Often, the insurance company representing the defendant requests the entire medical record in an attempt to demonstrate a pre-existing personal condition and diminish its client’s liability for your bodily injury.

In particular, it is necessary to keep:

• Copy of the police report (to demonstrate the time of the event);
• Copy of the ambulance invoice (to claim ambulance costs);
• Copy of the medical documents of each doctor or specialist met after the accident;
• Copy of surgical and post-operative reports, if applicable;
• Drug bills;
• If you have had physiotherapy, occupational therapy, psychotherapy or other treatments: copy of the file with the number of treatments;
• Parking receipts for physiotherapy, occupational therapy, psychotherapy or other treatment appointments;
• Mileage record for treatments or follow-ups at the clinic or hospital.

Financial damage

Salary is often the biggest financial damage if you are unable to work as a result of the accident.

First, it will be necessary to assess your temporary total disability or permanent partial disability; for example, your inability to stand or sit for a long time.

To prove the financial damage, we need, among other things:

• Tax returns from the last 5 years before the accident to date;
• Copy of pay stubs from the time of the accident to date;
• Copy of the collective agreement.

In addition, insurers will ask for proof of payment of benefits to show that you have not suffered as large a loss as you claim.

It is also important to keep physical evidence until the final judgment on the case. Therefore, do not throw away objects that were damaged in the accident, whether it is torn clothes or a broken computer. Indeed, it often happens that the defendant wants to verify these objects, proceeding by expert opinions to show that they were not damaged by the accident.

If you had to make necessary adaptations in the house because of your limitations resulting from the accident (grab bars, ramps, elevators, etc.), it is important to keep the invoices to claim the costs of home adaptation.

Social harm

In addition to bodily injury and financial harm, there is social harm that is often overlooked.

Social harm includes activities affected by your accident, such as:

• Difficulty riding a bicycle;
• Difficulty getting into an automobile;
• Difficulty boarding a boat;
• Difficulty taking walks;

Time limit for filing a civil suit

Finally, it is necessary to pay attention to the limitation period, that is to say the maximum legal period to prosecute a person.

The usual period is 3 years from the birth of the right. It may be different in some cases, such as a lawsuit against a city.

Even if the delay in your case is 3 years, be aware that the lawyer can not do a procedure at the last minute. As a result, do not hesitate to contact our firm as soon as you have a question related to an accident.

Please note that we take a percentage agreement in the majority of our files.

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