Why Do you Need an Affidavit of Documents?
If you have been injured in an accident in Ontario, part of your law suit will require you to complete an Affidavit of Documents. This is a listing of all documents that are or may be relevant to your case. Documents must be listed if they help you. They must also be listed if they hurt you. Unless something is legally privileged, you usually have to disclose all this is pertinent.
For a plaintiff in a personal injury case, there are a variety of documents you will have to include. One group of important documents relate to how the accident happened. Included in this group are the report prepared by the police, pictures of the accident, copies of any court documents like tickets that relate to the accident. We will also include any materials received from your property insurer showing the amount of damage to your car.
The largest section of documents are those that support your claim for damages. To start with, you must include your medical records. Your personal injury lawyer will order a summary of all OHIP services you have received for the last seven years. That summary will be included. Using the summary, the lawyer will order all of your medical records from the doctors, hospitals and laboratories that have provided medical services to you, both before and since the accident.
Also included are medical records from non-OHIP covered services. Your lawyer will rely on you to identify any physiotherapists, massage therapists, chiropractors or other rehabilitation specialists you have seen.
If you want compensation for your expenses, we will have to list all receipts, records from prescriptions, and other supporting documents.
Your employer will also be asked for your file if you have suffered lost wages. Often the lawyer will request your complete personnel file to show your length of service and regular attendance before the accident.
Your tax returns are another important part of your Affidavit of Documents. Usually, they must be provided for five years pre-accident. Again, this establishes your earning pattern
If your claim arises from a car accident, your Affidavit of Documents should also include your complete Accident Benefit file.
Not surprisingly, the plaintiff's Affidavit of Documents is a long list. Some clients are shocked at the amount and wonder if their lawyer is providing too much. However, the fact is that most insurers will require this information before they will consider making a meaningful offer to settle.
About the Author
Brenda Hollingsworth and Richard Auger are 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". To get free copy of this book, contact http://www.personalinjuryottawa.ca ; email info@personalinjuryottawa.ca or call 613.233.4529.
Tell others about
this page:
Comments? Questions? Email Here