As a personal injury lawyer in Ottawa I have one overriding suggestion: What ever you do, tell the truth. Tell the truth to the insurance company, if you chose to talk to them. Tell the truth to your doctors, including the insurance company’s doctors, when you describe your symptoms, any improvement since the accident and what your limitations are.
Why the reminder? In May 2009, Brenda Hollingsworth is preparing to give a talk to the Ontario Trial Lawyers Association (OTLA) about the Threshold. The Threshold is the test you have to meet to be permitted to sue for pain and suffering after a car accident in Ontario. As a result of the upcoming presentation, she has reviewed every Threshold case decided by a judge over the past 18 months.
One very common thread in these decisions was that where plaintiffs (injured people) do not meet the Threshold (and therefore lose there case) it is almost always the case that the judge comments that they were not truthful about their injuries.
If you are not credible, if the judge and / or jury does not believe you, you will lose your accident case.