Can I argue that I did not obtain treatment because my insurer denied paying for it? Could my failure to obtain treatment adversely impact my claim?

Claiming that you did not receive treatment because the insurer stopped or denied it is generally not a valid defense in a personal injury case.

There are several reasons for this:

1. Duty to Mitigate Damages: As an injured party, you have a legal obligation to mitigate, or minimize, your damages. This means seeking necessary medical treatment to prevent your condition from worsening.?If you fail to do so, it can be argued that you did not take reasonable steps to reduce your damages.
2. Alternative Treatment Options: Even if an insurer denies coverage, you are expected to seek alternative treatment options.?This could include using personal health insurance (through an employer), paying out-of-pocket, or seeking treatment from providers who offer services on a lien basis (where payment is deferred until the case is settled).? Keep in mind that living in Ontario means that you have access to government funded healthcare.? If you do not have a family doctor, which is the case for many Ontarians, you can attend walk-in clinics for treatment.
3. Impact on Credibility: Not obtaining treatment can negatively impact your credibility.?It may appear that your injuries were not severe enough to warrant medical attention, which can weaken your claim.
4. Documentation of Injuries: Consistent medical treatment provides essential documentation of your injuries and their progression.?Without this documentation, it becomes challenging to prove the extent and impact of your injuries.
5. Legal Precedents: Courts generally expect plaintiffs to pursue necessary medical treatment regardless of insurance issues.?Failure to do so can be seen as neglecting your health and responsibilities, which can adversely affect the outcome of your case.

Although it is understandable that the lack of funding can be an impediment to obtaining necessary treatment, this is not necessarily a viable defense to explain why treatment was not obtained.? Again, for those living in Ontario, OHIP covers many of the medical expenses related to your injury, such as hospital stays, surgeries, and physician visits.?This ensures that you receive necessary medical care without immediate out-of-pocket costs.? Thus, if your insurer has denied treatment there are options available for you through the government funded healthcare system.

If you are facing issues with your insurer, it might be helpful to consult with your lawyer to explore other ways to obtain the necessary treatment and ensure your claim remains strong.

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.