Stayshyn Law Offices

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Do you live with chronic pain as a result of a motor vehicle accident?

Wednesday, October 9, 2019

If you have been injured in a motor vehicle accident in Ontario, then you have access to treatment benefits from your own insurance company, called Accident Benefits. These benefits give you access to medical and rehabilitation treatment, lost income/wages, lost educational expenses if you are attending school, attendant care expenses, assistive devices, damaged clothing, if necessary.

You will also have a claim against the other driver that was at fault for the motor vehicle accident, but before you can pursue a claim, you must start a claim with your insurance company for accident benefits and attend treatment to reduce your losses. However, you will want to ensure that you are fully informed of your rights and treated fairly by your insurance company when submitting a claim for benefits. This proves to be challenging for some people, depending on your insurance company and/or the adjuster assigned to your file and the circumstances of your injuries.

Often, your insurance adjusters will dispute your injuries and send you to assessments by doctors that are hired by the insurance company to determine if you meet the legal tests before approval for said benefits is given.

There are 3 categories that you can fall under with respect to your injuries and impairments after a motor vehicle accident:

  1. Minor Injury Guideline;
  2. Medical & Rehabilitation; and
  3. Catastrophic.

Minor Injury Guideline

An important definition to note, is the Minor Injury Guideline: Limited to $3,500.00:

Minor Injury Guideline (MIG) -   one or more of a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and includes any clinical associated sequelae to such an injury.”

This is important because how you are placed in the 3 categories determines how much funding you have access to for treatment. Under Minor Injury Guideline you are limited to $3,500.00 for treatment, however outside of the MIG you have access to $65,000.00 in benefits.

If you suffer from chronic pain your injuries may hinder you from working and/or carrying on in your normal life and the funds provided in the minor injury guideline may not be adequate for the treatment you will require.

It is an insurance company’s position that if you have chronic pain as a result of the motor vehicle, but it is not diagnosed or determined until months after the motor vehicle accident, then you will essentially have to live with it, without access to treatment beyond the minor injury guideline. According to the insurance company “an insurer must look to initial injuries and diagnoses as indication of whether an insured’s injuries fall within the MIG.” 17-000835 v. Aviva General Insurance Canada, 2018 CanLII 83520 (ON LAT)

When you dispute the insurance company’s decision, the tribunal will review how your life has been impacted as a result of the motor vehicle accident along with the supporting medical evidence of your injuries to determine whether your chronic pain falls outside the Minor Injury Guideline.

This is why we highly recommend if you are a victim suffering from chronic pain injuries to contact our highly qualified personal injury lawyer, at TS law to properly assess your claim and injuries and take to appropriate steps to ensure you are getting treated fairly by your insurance company and getting access to the all the accident benefits you deserve.

If you have been seriously injured in a motor vehicle accident, we strongly recommend that you contact our highly experienced personal injury lawyers immediately to ensure your future is protected. At TS Law, there are no legal fees unless you win, and our experienced team of litigators will come to you, if necessary, for a free no obligation consultation, regardless if your injuries have you in the hospital or at home.

Call us today and get your life back on track! Call 905-777-0070 and speak to one of our qualified legal support team members to book your free initial consultation.                  

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