After any personal injury, the importance of medical attention cannot be overstated. Not only does seeking prompt medical attention give you the best chance of making a good recovery, but it could also strengthen your legal claim for compensation.
In this post, we will explore why detailed medical documentation is the cornerstone of any personal injury claim. We will also examine how an experienced personal injury lawyer can help you navigate the legal process involved in pursuing fair compensation.
Why Medical Documentation Matters
Personal injury lawyers need concrete evidence to build strong cases that result in fair financial compensation. Medical documentation from impartial third parties, such as doctors and other healthcare professionals, is a critical element in any personal injury case.
It could strengthen your case in the following ways.
Building a clear picture of your injuries
Comprehensive medical records help create a clear medical history of your injuries, from your first emergency room visit through to the long-term impact, if any, of your accident. Every interaction with medical professionals needs to be logged, and its impact must be assessed.
In Alberta, you have a right to access your medical records in most cases. You may also give your personal injury lawyer written consent to access them on your behalf and use them to build your personal injury case.
Each personal injury claim is unique, but the evidence you build up while seeking medical care may include:
- Doctor’s notes from each appointment
- Diagnostic tests, such as X-rays, CT scans, and other blood work
- Consultations with specialists
- Short- and long-term treatment plans
- Physical therapy sessions
- Prescriptions
When you seek prompt medical care, you create a timeline of treatment that starts with your personal injury. This may make it easier to dismiss any arguments by insurance companies that you are trying to claim for injuries or conditions that are not related to your accident.
Assessing the long-term impact of your injuries
Legal professionals and insurance companies are highly trained and skilled in their professions, but they are not medical experts. Therefore, they rely on your medical records and the testimony of medical experts to assess the severity of your injuries and their impact on your life.
Expect both lawyers and insurers to consider how your injury affects your ability to work and engage in normal daily activities, such as caring for yourself and your family. Your need for ongoing treatment and medication will also be taken into account. The more severe your injuries and the greater their impact on your life, the more compensation you may be able to claim.
Calculate and justify a fair settlement
Your personal injury lawyer will use your medical bills to calculate any losses you have already sustained due to your injuries. Additionally, he or she will also calculate your future medical expenses based on the severity of your injuries and your need for ongoing medical treatment.
Insurance companies are likely to fight hard to negotiate a lower settlement offer. Your personal injury lawyer will rely on medical evidence to justify financial compensation and fight for what you deserve.
How to strengthen your own case
Insurance companies will be quick to pounce on any discrepancies or gaps in your medical treatment after an accident. So, to protect your legal rights, make sure to follow through on all treatment plans recommended by healthcare professionals.
Doing so will boost your credibility by showing that you are committed to making as full a recovery as possible from your injuries. Be prepared that the lawyer or insurance company of the at-fault party may try to use pre-existing conditions in your medical record to reduce the value of your personal injury claim.
However, in Alberta, you can still claim if your accident made pre-existing conditions worse under the “thin skull rule.”
This legal doctrine means that the defendant must accept the accident victim as he or she was at the time of the accident. If the victim had a pre-existing condition that was worsened by the accident, then he or she may still claim for the exacerbation.
This is one reason why it is so important to work with an experienced personal injury lawyer who understands Alberta law and insurance company tactics and can help you navigate these complexities successfully.
Medical Documentation and the Alberta Minor Injury Cap
Alberta uses the Minor Injury Regulation system to limit the non-pecuniary compensation people can claim if they have sustained minor injuries in car accidents. Non-pecuniary losses are also called non-economic losses and refer to damages that affect an accident victim’s quality of life but are not economic in nature.
In Alberta, non-pecuniary damages may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment in life
In 2025, the limit for non-pecuniary damages in 2025 is $6,182. However, it is important to remember that this cap does not limit the amount of compensation you can claim for economic losses, such as lost wages and medical expenses.
Under the Minor Injury Regulation, minor injuries are defined as:
- Sprains
- Strains
- Whiplash-associated disorders (WAD)
Although these are all soft-tissue injuries, not all such injuries are affected by the cap. The qualifying factor is whether the injury causes “serious impairment.” If your injuries affect your ability to study, work, or perform other daily tasks, your injuries would not be considered minor.
The only way to prove whether your injuries are minor or result in a “serious impairment” is through medical documentation. Your personal injury lawyer may work with medical experts who are qualified to offer an opinion on the seriousness of your injuries. It is important to preserve medical documentation so your lawyer can make a strong case that your injuries merit damages beyond Alberta’s minor injury cap.
Seek Justice Today With Grover Law Firm
Medical documentation is one of the most critical elements of every successful personal injury claim. By providing evidence that links your injuries to the accident, it can help establish causation. Medical records provide lawyers and insurance companies with a clear understanding of the extent of your injuries and how these may impact the rest of your life.
The legal team at Grover Law Firm understands how to make the best use of medical documentation as we pursue a favourable outcome on your behalf. Our personal injury lawyers have a track record of obtaining outstanding results.
At a free consultation, a compassionate and experienced personal injury lawyer will listen to your story and talk you through your legal options. Do not delay. Call us 24/7 at (403) 253 1029 to talk to a lawyer, or fill out our online contact form, and we will call you back soon.