In the absence of medical evidence, an accident victim has no way to support any claim, regarding the severity of whatever injuries have been sustained in a given accident. Consequently, any accident victim should focus on collecting and saving medical evidence.
What sources provide material for such a collection?
The reports submitted by doctors and assessments made by those that have examined a specific victim are important. Test results, when the tests were order by either the treating physician or the doctor that first studied the accident-caused injuries. The expert opinion holds merit. Each side can bring forward its own expert. In court, a judge can weigh the value of the 2 different opinions.
How to maximize the value of the medical records?
Have the record include mention of the victim’s pain; even minor pains should be included. Record should be from files of an appropriate physician. Because insurance companies insist on use of the appropriate physician, a victim has a strong case, when objecting to the diagnosis that might have been made at the scene of the accident. That diagnosis might not have come from someone that has been acquainted with the victim’s medical history.
That early diagnosis becomes part of the record. Insurance companies check to see if a doctor’s advice has been followed. For that reason, victims should highlight any faulty diagnosis from an inappropriate physician. This can be done by contacting the facility where the victim was first taken, and sharing with that facility the details, regarding the victim’s medical history. The personal injury lawyer in Sherwood Park can assist through the process.
The special role of medical evidence in Canadian courts
Because Canada has put a cap on the size of the award for minor injuries, the defendant’s lawyer has the right to introduce a threshold motion at any time. It forces the judge to rule on whether or not the plaintiff’s injuries are important and serious.
An injury that caused an impairment would qualify as one that is serious or important. By the same token, harm that had disfigured the victim would not get viewed as minor. Consequently, the judge would study the available medical records and look for mention of an impairment or some form of disfigurement. Usually, any type of scarring qualifies as disfigurement.
If a judge sees evidence of important or serious injuries, the victim’s condition exceeds the threshold level. In other words, the restrictions imposed by Canada’s cap do not apply. That is why medical evidence plays a special role in Canadian courts.
It can push the lawyers for a defendant push for introduction of a threshold motion, during the course of a trial. By the same token, it can deflate the hopes of the injury lawyer that chose to beg for introduction of such a motion.