Chronic Pain After a Car Accident?

Alberta Lawyer Explains How to Seek Compensation

Video Transcript: 

Molly Hendrickson: 

Can a person file an insurance claim for chronic pain after a car accident? We ask lawyer Steve Grover in this Ask the Lawyers Quick Question.

Steve Grover: 

You can claim a chronic pain, but given the legal system we have here, if you're injured in an accident, you're the plaintiff, the other party that we're suing is called the defendant. It's the plaintiff's burden to show that they have injuries or losses, so you have to have the medical information from the doctors to confirm you have chronic pain. We send our clients for independent medical assessments to see a physiatrist to confirm, "Hey, you know what, Mike was injured in this accident a year ago, he's not fully recovered, he's done physio two times a week for the last 52 weeks." That physiatrist will step in, meet with our client, take a history taking from the client, review all the relevant medical information and come to the diagnosis, "Hey, you know, Mike's got chronic pain." So then we use that evidence and the medical evidence to present to the court and the other insurance company, "Hey, Mike's injuries, our client has chronic pain, so therefore he should be outside the cap and not subject to the Minor Injury Regulation here in Alberta."

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