How Changes In A Canadian Law Can Affect A Personal Injury Claim

A number of Canadian provinces have established regulations, regarding the amount of compensation that can be awarded to accident victims with only minor injuries. Now Canadians have learned that some of the same regulations will undergo changes. Those changes will affect any victims that have sustained a specific type of physiological impairment.

What you should know about that one type of impairment

The type of impairment sustained by those that will be affected by the planned changes diminishes, temporarily, the functionality of the jaw structure. Doctors refer to that condition as a TMJ injury. In the past, any accident victim with such a condition was said to have a minor impairment. Following adoption of the proposed changes, will be able to claim the need to deal with a major impairment.

Which victims will have that opportunity? Those will be the men and women that have their names on the list of the injured that must deal with a TMJ problem. Yet not everyone on that list will be allowed to claim damages, due to possession of a TMJ disorder. That opportunity will be granted to those that have sustained either damage to their teeth or displacement of an articular disc.

The other change of consequence

This pertains to any injury that has resulted from a sprain or strain, one caused by movements made at the time of a collision. In the past, any injury that had resulted from a strain or sprain could not be placed in a separate category. It had to be categorized as a minor impairment, just like the category assigned to all sprains and strains.

Now, however, that rule will no longer be enforced. Instead, a sprain-associated or strain-associated condition will be viewed as a serious impairment, when it arises in a certain way. Its separate features must come to light when it does not resolve as expected. In other words, when it heals more slowly than the minor condition (sprain or strain).

The significance of that altered way of categorizing a specific type of problem emerges from the existence of the legislated cap on the size of the award given to victims with a minor injury. When the minor problem disappears, but a related one remains, that lingering condition becomes evidence that the victim suffers from a serious impairment. Such evidence allows the affected victim to seek a larger compensation.

In case an insurance company questions the existence of that serious impairment, a Personal Injury Lawyer in St. Catharines can work to produce proof of a client’s claim. Hence, the assisted client should manage to win a fair compensation, one that recognizes the severity of the client’s condition. That recognition acknowledges the presence of a minor and currently-healed problem.

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