Since 1990, Ontario has adopted a no-fault insurance scheme where accident victims are provided with limited rights to sue in exchange for enhanced benefits from the victim’s own insurer. But, what happens when you have a car accident with soft tissue injuries? Do you have any recourse?
The restrictions today are very onerous. In order to successfully obtain a settlement, you must suffer a serious and permanent injury and overcome a deductible of almost $40,000. Typically, insurers view soft tissue injuries as not meeting the above criteria. Indeed, many soft tissue injuries are classified as minor. However, a small percentage of victims will go on to develop chronic soft tissue pain and limitations which warrant compensation. These cases are very challenging to prove.
Proving Your Soft Tissue Injuries in a Car Accident
When managing a chronic pain case, it is important that the client report all of their symptoms on a regular basis to their family doctor and all treating professionals. Regular reporting can be cumbersome and time-consuming. Clients often complain of long waiting at their doctor’s office.
However, irregular reporting and long gaps in attendance will result in the insurance company concluding that the injuries are not serious or permanent. The tort insurer has the right to all medical records and can order a plaintiff to attend all medical appointments with their own experts. Those experts review all of the files to see consistent reporting.
As medical imaging cannot corroborate chronic pain, the credibility of the client becomes a central point. Unless there are records to build the plaintiff’s credibility, a case can fall apart.
You Need Help
It is imperative people with soft tissue injuries in a car accident regularly attend their doctor appointments and make full reports of all physical and psychological problems from an accident. Your best option is to speak with a motor vehicle accident lawyer who can help organize and facilitate your case to get you all the benefits that you need to recover and feel like yourself again.
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