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You get in an accident and you decide to sue. How can you tell if your injuries are serious enough? In Canada there is a distinct difference between the serious and minor injuries.
In Ontario, a minor injury is defined as a sprain, strain, whiplash, laceration or a combination of some of these things. Canadian statistics showed that between 2009 and 2010, sprains and strains accounted for 51 per cent of all injuries. More serious injuries like bone breaks and fractures accounted for 17 per cent. Concussions and brain injuries, one of the most serious of all accounted for two per cent. Overall, if you were in an accident that left you seriously impaired, that would mean that your injuries substantially interfered in your ability to perform average daily tasks or even your ability to go to work.
In some of Canada’s Eastern provinces — New Brunswick, Prince Edward Island, and Nova Scotia — a minor injury is considered to be any injury that doesn’t result in long term damages like permanent and serious disfigurement or important body functions impairment. They also consider minor injuries to be repaired within one year after the accident.
The question of minor injury versus major injury matters a lot if you are suing for injuries resulting from a car accident in Ontario. In Ontario, if you got injured in an accident, you used to be entitled to $100,000 in benefits. That was slashed by 50 per cent though and even more is cut if your injuries are considered minor. If you have minor injuries from an accident, your benefits are capped at $3,500. Over 55 per cent of accidents are categorized as minor but if you can prove that your injuries are more serious than typical minor impairments, the insurance company has to prove you wrong. Similarly, if you had a medical condition prior to the accident which is preventing you from recuperating from your “minor” injuries, you will likely be exempt from the $3,500 cap and will reap more benefits.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling accident injuries for clients throughout Ontario for over 45 years. We understand the impacts injuries can have on your life and know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Greg Neinstein
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