If you have been injured in a #link(motor-vehicle-car-accidents,,motor vehicle accident) involving a car, bus, truck or motorcycle, Ontario’s no-fault auto insurance enables you to receive compensation for lost wages and out of pocket medical expenses from your own automobile insurance company. In addition, if your injuries can be proven to be “serious and permanent”, you can sue the negligent driver and his insurance company for monetary damages including your pain and suffering. One of the most frequently occurring injuries in car accidents is whiplash. If you have been in an automobile accident and are experiencing severe neck or back pain, you should consult with an experienced Ontario whiplash #link(meet-the-team,,personal injury lawyer) at Burn Tucker Lachaîne law practice.
Whiplash is a soft tissue injury and by definition should eventually heal. In Canada, a whiplash that completely heals cannot by itself be the subject of a law suit. You can however sue for the pain and suffering that you have had and continue to endure because of a whiplash. The following are guidelines to determine the degree of pain your whiplash may have caused you.
The Quebec Task Force on Whiplash Associated Disorders has determined there are four levels of whiplash that accident victims may have suffered. They are ranked on the degree of injury. The levels range from mild involving little or no pain, all the way to severe whiplash that includes broken, fractured, or dislocated neck bones and vertebrae.
When making a case for a lawsuit based on your pain from whiplash, the details of your accident and the testimony of your doctor will have a large bearing on your claim. If you were in an automobile accident wherein your car was significantly damaged when struck from behind by another vehicle traveling at a high rate of speed and your physician testifies you have severe neck strain, torn ligaments or cartilage damage, or perhaps a fracture, you likely have a strong case for compensation. In contrast, if you were in a low-speed fender bender, you have very little pain and your doctor feels that you will be fine in a few days, you may not have a case. However, each situation is unique and deserves due consideration and assessment to determine whether the nature of your injuries is severe and will have a long-term impact on your life. Some individuals are very fortunate to suffer only negligible injuries in a major accident, while others are critically injured in a minor collision.
If you are suffering from pain from a serious motor vehicle accident and have broken, fractured or dislocated vertebrae in your neck or spine, you may have a case to sue the insurance company of the negligent driver who caused the accident. #link(contact,,Burn Tucker Lachaîne) is one of eastern Ontario’s largest personal injury firms dealing with whiplash and other related injuries. We have the experience and skills necessary to get you results. Contact our firm today for a free initial consultation. If you are unable to come to our office, we can meet you at the hospital or at your home.
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