After being injured in an accident, many people ask themselves whether they have a strong injury claim and whether it’s worth pursuing compensation.
It’s a good question. Frankly, there are times when a claim doesn’t make sense, or when a claim might cost more in stress and expense than it is worth.
Every situation is fact specific, but there are some hallmarks of strong personal injury claims. This blog goes over some classic hallmarks of a strong personal injury claim in Ontario.
Below, I have shared 5 signs you have a strong injury claim.
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You Have Suffered a Serious Injury
The value of a personal injury claim is often tied to the severity of your injuries and the extent of your losses.
Minor injuries such as bumps, scrapes, cuts, and bruises, typically don’t result in worthwhile personal injury claims. In fact, s. 267.5 of the Insurance Act requires a person injured in a car accident to have impairments or a disfigurement that’s permanent and serious in order to make a successful injury claim.
On the other hand, serious injuries like:
- traumatic brain injuries,
- spinal cord injuries,
- post-traumatic stress disorder or
- broken bones,
typically found strong personal injury claims.
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It Has Been More Than a Year and You Are Not Improving
After an accident, even when injuries initially appear minor, symptoms that persist for months can strengthen a personal injury claim, particularly when supported by medical treatment and documentation.
The importance of seeking treatment is twofold:
- It documents your injuries. Insurance companies often take the approach that if you don’t seek treatment for your injuries they must not exist or must not be that bad.
- You have a duty to mitigate at law (i.e., you must try your best to get better). If you don’t, the insurance company can use it against you.
Many folks think at first that their injuries are minor. Maybe they had a mild concussion, or some whiplash for example.
Despite the injuries seeming minor at first – sometimes they just don’t get better. If you’re seeking treatment and your injuries just aren’t getting better, you may have a claim.
That said – if you have any inkling at all that you may be injured in an accident be wary of potential time limits that affect your claim. Don’t wait until the one-year mark to contact a lawyer. By that point you may have already missed some deadlines.
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Your Injury Has Caused a Loss of Income
Missing work gets costly quick, particularly if you work for yourself and don’t have any sick leave or disability benefits.
Missing a couple days post-accident or a day here or there sometimes happens. If you recover well and go back to working normally without limitation, you may not have a strong personal injury claim. On the other hand, if you can’t go back to work at all after an accident, or must reduce your hours and duties, this is typically a good indicator of a strong personal injury claim.
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Someone Else Was Responsible for Your Injuries
In Ontario, fault is a major component of determining whether someone may have a strong injury claim. To successfully sue another person after an accident, they must be at fault for your injuries. On the flip side, just because someone is at fault does not mean you have a good lawsuit. You must be injured as well.
No injuries/losses = no compensation, no matter how blameworthy the other person’s conduct is.
First-party insurance may be available still in cases where no one is at fault, or even cases where you’re at fault for your own injuries. In car accidents, no-fault accident benefits are available regardless of who is at fault. For other accidents, many folks may have access to WSIB, long-term disability, accident insurance, or other benefits.
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You Can’t Do the Activities You Enjoyed Before the Accident
Ultimately, personal injury claims are primarily about measuring loss of function. Some folks have terrible injuries but bounce back to normal function rapidly. Others have invisible injuries that insurance companies dismiss. Despite the insurance companies’ dismissive attitude, those invisible injuries can turn someone’s life upside down, sometimes even worse than serious visible injuries.
If your injuries are preventing you from doing the things you once enjoyed or handled independently, that is a sign of a strong injury claim.
How Do You Know If You Have a Strong Injury Claim?
There are no “one-size-fits-all” signs to look for when determining whether someone has a strong injury claim.
The signs above are helpful, but someone may have all 5 of these signs and one or two facts could deflate the entire claim. On the other hand, someone may have few or none of these signs and still have a strong claim.
The best thing you can do if you’re wondering whether you have a strong injury claim? Reach out to a personal injury lawyer.
Call us today for a free consultation, and our view on whether or not you have a strong personal injury claim.
