The Importance of Continuing Treatment After Settling Your Accident Benefit Claim in Ontario
Settling an accident benefit claim can feel like a significant milestone, marking the end of a stressful period. However, it is crucial to understand that the settlement is not the end of your recovery journey or your legal journey against the at-fault driver.
Continuing treatment even after your claim is settled is essential for several reasons, and failing to do so can have serious implications for your health, credibility, and any future claims at trial.
Ongoing Recovery and Health
Complete Healing: Injuries from accidents often require extended periods of treatment. Even if you feel better, your body might still be healing. Regular follow-ups and treatments ensure that you recover fully and avoid long-term complications.
Preventing Relapse: Stopping treatment prematurely can lead to a relapse or worsening of your condition. Consistent care helps maintain your progress and prevents setbacks.
Mental Health: Accidents can also impact your mental well-being. Continuing psychological or psychiatric treatment can help you cope with trauma and stress, ensuring a holistic recovery.
Legal and Financial Implications
Mitigating Damages: Legally, you are required to mitigate your damages. This means you must take reasonable steps to recover from your injuries, which includes attending all recommended treatments. Failing to do so can be seen as neglecting your duty to mitigate, potentially affecting any future claims.
Credibility: If you stop treatment after receiving your settlement, it might raise questions about the severity of your injuries. Insurance companies and courts may view this as a sign that your injuries were not as serious as claimed, which can damage your credibility.
Future Claims: If you need to make any future claims related to your accident, having a consistent treatment record can support your case. It demonstrates that you have been proactive about your health and are genuinely committed to your recovery.
Failure to continue treatment could have an adverse impact on your claim against the at-fault driver. Why would a court award future care costs when there is no evidence of ongoing treatment?
Using Settlement Money for Treatment
Intended Purpose: Settlement money is often allocated with the expectation that it will be used for ongoing medical expenses. Using the funds for their intended purpose ensures that you continue to receive the care you need. Failure to use this money for treatment may be used against you to impeach your credibility and call into question your medical needs.
Financial Planning: Properly managing your settlement money by prioritizing treatment can prevent financial strain in the future. Medical expenses can be significant, and having a dedicated fund for these costs can provide peace of mind.
Accountability: Using the settlement money for treatment shows accountability and responsibility. It reflects your commitment to your health and can positively influence any future interactions with insurance companies or legal entities.
Continuing treatment after settling your accident benefit claim in Ontario is not just about following medical advice—it is about ensuring your long-term health, maintaining your credibility, and fulfilling your legal obligations. By using your settlement money for its intended purpose, you safeguard your recovery and demonstrate a responsible approach to your health and finances. Always consult with your healthcare provider to create a comprehensive treatment plan that supports your ongoing recovery.
When you choose Porcelli D’Angela LLP, you are choosing unparalleled expertise, dedication, and personalized service. What stands out is our years of experience which has established a proven track record of success, a deep understanding of the legal landscape, and a commitment to client satisfaction. With our team of skilled legal professionals who specialize in personal injury law, Porcelli D’Angela LLP offers clients a wealth of knowledge, strategic thinking, and a relentless pursuit of justice, ensuing their legal matters are handled with the highest level of professionalism.
Call us at 647-490-944 for a free, no hassle consultation. At Porcelli D’Angela LLP, you do not pay unless you recover money.
Disclaimer: The explanations and information provided here are for general informational purposes only and are not intended to be legal advice. Always consult with a qualified lawyer or legal professional for advice specific to your situation.