Car Accidents are Exciting
Not "exciting" in the fun sense, more from a physiological perspective.Sometimes athletes get injured during a game, and they continue to play without noticing the injury until the game is over …
How to prove a specific injury?
Many family doctors refer accident victims to physiotherapists or chiropractors for rehabilitation. Physiotherapy can be an excellent resource for injured persons and may significantly reduce any pain associated with injuries. However, when it comes to presenting a presenting your physiotherapist’s report to insurance companies and jurors, this may not be enough to prove that you have a specific injury and any details regarding your injury. This is because physiotherapists are not able to officially diagnosis an injury. They are able to treat symptoms and help you recover from your injuries, but their records do not carry the same weight as a report obtained from your family doctor, an emergency doctor, orthopedic surgeon, neurosurgeon or a psychiatrist.
Insurance companies and jurors tend to place more emphasis on statements and records from medical specialists, such as emergency doctors or psychiatrists rather than those who have helped you in your recovery, such as a physiotherapist.
After seeing your family doctor for your initial medical assessment, your doctor may refer you to a specialist. If they do not automatically do so, consider asking them if you could get a referral to an appropriate specialist. A good general practitioner should be happy to help you find the medical treatment you need, whether that is to receive a second opinion, or because your injuries are so severe that a more specialized doctor is needed. We strongly recommend you to request a referral to a psychiatrist, as a psychiatrist would not only assist you in dealing with the aftermath of your traumatic accident, but his/her report may be of great asset in proving that your injury is not just a minor one but rather has a longer lasting effect on your overall psychological health.
Regardless of your injuries, seeing a medical specialist can greatly expedite your recovery and benefit case. Remember that you should receive all of the medical treatment necessary to recover from your injuries and you want to do all you can to present a strong legal case.
If you are seriously injured in a car accident, emergency services will probably come to the scene and take you to the closest hospital, where you will receive all the medical care you need. But what about seemingly minor car accidents, where there is no immediate pain or noticeable discomfort? Soft tissue injuries typically result in pain, swelling, and reduced mobility, but these symptoms may not show up immediately
Many times, people involved in car accidents don't even know they have been injured. One reason for this is that your body responds to pain signals and the stress of the accident by producing morphine-like hormones called endorphins. Endorphins (and adrenaline) mask the pain until your body and mind have had time to recover from the stress of the accident. (Learn more about car accident injuries that don't show up right away.) Furthermore, soft tissue injuries are not visible on an X-ray. This makes them more challenging to diagnose and document. Getting proper medical treatment is the key first step, at or even before the first sign of pain or discomfort.
Keep in mind that a notice provision in the Insurance Act has implications for any claim for prejudgement interest in an action for damages for bodily injury or death arising from the use or operation of an automobile. Subsection 258.3 (8) of the Insurance Act provides that in such an action, no prejudgement interest shall be awarded under s.128 of the Court of Justice Act for any period of time before the plaintiff gave notice of the action to the defendant in accordance with s.258.3 (1) (b). This provision requires that written notice of the intention to commence the action be served on the defendant WITHIN 120 DAYS after the incident that give rise to the claim or within such longer time as a court may authorize.
In conclusion, to successfully Prove your injury, claim damages and increase your chance of being awarded prejudgement interest, make sure that you visit your family doctor as soon as possible, request referral to specialist medical doctors and notify the other party’s insurance within 120 days.
Injury Claim Limitation
In a lawsuit arising from a motor vehicle accident, Bains v. Wolski, an Ontario judge ruled that a plaintiff’s claim would be allowed past the limitation period, as the plaintiff’s physician did not fully inform him of the extent …