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Why Regular Doctor Visits After a Car Accident Could Protect Your Injury Claim

At Lamont Law, we keep a close eye on how Ontario courts are deciding personal injury cases — and how those decisions can impact real people trying to recover after an accident.

A recent post on the Ontario Trial Lawyers Association (OTLA) blog, written by Samuel Pevalin, highlights a cautionary case that underscores just how important it is to follow up regularly with your doctor and report all injuries and symptoms — even those that seem minor — after a car accident.

The case of Maher v. Kiric, 2025 ONSC 2327, offers a clear reminder that when it comes to seeking compensation for accident-related injuries, documentation is everything.

The Injury That Wasn’t Fully Documented

In the Maher case, the plaintiff was struck by a vehicle while riding her bike and suffered visible injuries to her wrist and hand. She also reported hitting her head — but no concussion was diagnosed at the time, and the initial hospital visit didn’t include any record of concussion symptoms or follow-up.

When she later fell down stairs at home and was diagnosed with a concussion, she claimed it was related to post-concussion symptoms from the earlier car accident. But because she hadn’t documented those symptoms promptly — and they were missing from the first medical records — the court didn’t find a strong enough connection.

In short: her case failed to meet the legal “threshold” for serious and permanent injury, and she was denied compensation under Ontario’s Insurance Act.

The Legal Lesson: Your Health Record = Your Legal Evidence

The takeaway from this case — as highlighted in the OTLA article — is simple but critical:

If it’s not in your medical records, it’s difficult — sometimes impossible — to prove it legally.

That includes:

  • Concussion symptoms like headaches, dizziness, confusion, fatigue

  • Psychological effects like depression, anxiety, irritability

  • New or worsening symptoms weeks or months after the accident

In this case, even though the plaintiff later reported head trauma, the absence of early documentation and follow-up played a major role in the court’s decision to reject her claim.

Protect Yourself After an Accident: What to Do

Even if your injuries seem minor or you’re focused on healing, it’s essential to:

  • See your family doctor regularly, even months after the crash

  • Report all symptoms, not just the ones you think are “serious”

  • Keep personal notes on how your injuries affect your daily life

  • Follow up on referrals and recommended treatments

This isn’t just good medical advice — it builds the foundation of your legal claim, should you need to pursue one later.

Talk to a Personal Injury Lawyer Early

If you’ve been injured in a car accident, the time to get legal guidance is now — not when your claim is under threat.

At Lamont Law, we help our clients not only seek justice but understand the critical importance of medical documentation and how to build a case that can withstand challenges under Ontario’s threshold laws.

Free Consultation. No Obligation.

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