Within the law, personal injuries are defined as sprains, strains, minor lacerations and abrasions, as well as injuries related to whiplash. When these injuries occur with a preexisting condition that exacerbates them, they do not fall under the provenance of personal injury law. In order to qualify for benefits, the injured party must act to secure proper medical care and should be able to provide proof of this to a car accident lawyer when seeking help after an accident.
Personal Injury Law Requirements for Medical Care
When injuries have been sustained, the law requires the following:
After an accident, people with minor injuries should immediately seek care and follow up with appropriate medical intervention to heal in a timely manner.
Treatment should be provided based upon medical evidence alone. A car accident lawyer will advise against treatment based solely on speculation.
While injuries may appear to be minor initially, personal injury law takes into account that not all aspects of the injury may manifest immediately after an accident. In some cases, the determination that an injury is minor may be reconsidered when additional problems as a result of the accident are manifested.
In short, your attorney understands how complex injuries can be and will work with you to ensure that you are appropriately treated. Keep in mind that the determination of the type and extent of the injury may be changed in the future.
Cap on Payment for Minor Injuries after a Car Accident
The classification of your injury matters because personal injury law in some of Canadian provinces has reduced the amount that injured people can be reimbursed for minor injuries sustained in a car accident to $3,500 per occurrence. While this is sufficient for many injuries, it can be devastating for people whose injuries turned out to be more complex over time.
To ensure that you receive a sufficient amount of compensation, consult with your car accident lawyer and be sure to bring your medical records, including diagnosis, as well as the bills you have received. If the cost of your care exceeds the $3,500 limit, as it does with many people who experience whiplash or other injuries to soft tissue, your case may have to be reclassified.