Ottawa Minor Injury Lawyer

If you were hurt in an accident and suffered various sprains and strains to joints and ligaments in the lumbar and cervical spine, you may qualify for compensation for minor injuries. Section 3(1) of the SABS defines minor injury as one or more sprain, strain, whiplash associated disorder, contusion, abrasion, laceration, or subluxation and includes any clinically associated sequellae to such an injury. One of our Ottawa minor injury lawyers can help you determine whether you qualify for monetary compensation from your insurance provider and/or the at-fault party.

The monetary limit for an insured person who sustains an injury that is predominantly minor in nature is set at $3,500.00 in accordance with Section 18(1) of the SABS regulations. However, the $3,500.00 limit does not apply to an insured person if their health practitioner can confirm that they have a pre-existing medical condition which will prevent them from fully recovering from the minor injury.

According to the legal guidelines for receiving compensation for one or more minor injury:

1. The burden is always on the insured to prove that the injuries caused by a motor vehicle accident fall within the coverages provided in the policy at any level;
2. The burden is on the insured to prove that they are not captured by the MIG guidelines and not on the insurer to prove that they do fall within the MIG guidelines; and
3. The burden is on the insured to prove that they fall within the exception noted above created by pre-existing conditions that prohibit maximum recovery from the minor injuries.