Which therapy is right for me?

Seeking out the best kinds of treatment for injuries sustained in an accident can be stressful. Everyone has a unique medical history and not all types of therapy will prove effective. Generally speaking, your family physician will direct you towards appropriate therapies that address specific needs:

Physical Therapy

Physiotherapists or physical therapists (PTs) are regulated, evidence-based, primary health care professionals who aim to assess, treat, and mitigate the impacts of injury, disease and/or disorders in movement and function. PTs work to promote mobility, strengthening, flexibility, and functional independence. Physiotherapy can be particularly useful for muscle injuries and joint pain. You have muscles and joints in almost every area of your body, and they’re critical to your ability to move and do the tasks you need to do. An accident often causes muscle and joint sprain / strain injuries. Physical therapists use techniques like manual therapy and specific exercises to increase range of motion, alleviate pain, restore flexibility, and promote healing. Physiotherapists often provide you with a regimen of exercises to do at home every day.

Psychotherapy

A mental health professional (psychologist, psychotherapist, psychiatrist) with specific training works to reduce or eliminate symptoms of depression, anxiety, PTSD or other psychological illnesses resulting from an accident. A psychologist or psychotherapist is trained to assess and diagnose problems in thinking, feeling and behaviour and may use a variety of treatments including talk therapy, cognitive behavioural therapy, group therapy, and desensitization. Psychiatrists are medical doctors specialized in mental health disorders. They primarily focus on prescribing medications to help their clients manage their mental disorders and may delegate psychotherapy to a psychologist. Common areas of assessment and treatment include mood swings (lability), sadness, insomnia, suicidal ideation, loss of appetite, social withdrawal, anxiety, rumination, anhedonia (loss of interest in hobbies or social activities), fear, and anger.

Occupational Therapy

Occupational therapy (OT) is a type of health care that helps to restore functionality with your activities of daily living (ADLs). After an accident, injuries may interfere with a person’s ability to do everyday things like self-care (getting dressed, eating, moving around the house,) being productive (going to work or school, participating in the community,) and leisure activities such as sports, gardening, and social activities. An OT may educate you about how to adapt to disability, suggest activities that will help you to improve or maintain your abilities, and suggest ergonomic and assistive devices that make everyday tasks easier. Occupational therapists also liaise with physicians, employers, and other treatment providers, suggest government supports, and work to ensure suggestions are implemented in an interdisciplinary manner.

SLSPC is here to assist you with determining which types of therapies are best suited to your specific injuries after an accident.

Does My Case Need an Expert?

When a claim is denied, the opinion of an expert may be required to support the position that an injury is serious and permanent in nature. This expert is not hired by the Plaintiff. A good lawyer is well-versed in the role of a “litigation expert” and is knowledgeable about whom to retain to best meet the needs of the case.

A litigation expert is a specialist who will assess the client, provide a report, and then testify on the client’s behalf at trial. In medical cases, the expert will typically have no pre-existing doctor-patient relationship. This does not mean, however, that a treating physician cannot act as a litigation expert. A physician who has been managing a patient’s care may in fact be an excellent witness with valuable insight and expertise about a patient’s diagnoses, treatment, and prognosis.

Whether the litigation expert is independent or a treating physician, it is imperative he / she comply with all of the requirements listed within Rule 53.03 of the Rules of Civil Procedure. This includes in the expert opinion report:

1. The expert’s name, address and area of expertise.

2. The expert’s qualifications and employment and educational experiences in his or

her area of expertise.

3. The instructions provided to the expert in relation to the proceeding.

4. The nature of the opinion being sought and each issue in the proceeding to which

the opinion relates.

5. The expert’s opinion respecting each issue and, where there is a range of opinions

given, a summary of the range and the reasons for the expert’s own opinion within

that range.

6. The expert’s reasons for his or her opinion, including:

i. a description of the factual assumptions on which the opinion is based,

ii. a description of any research conducted by the expert that led him or her to form

the opinion, and

iii. a list of every document, if any, relied on by the expert in forming the opinion.

7. An acknowledgement of expert’s duty (Form 53) signed by the expert.

Retaining an expert who has the necessary knowledge, experience, and willingness to swear under oath to the contents of a report is a significant responsibility. We are here to assist our clients with navigating the steps required to retain an expert to ensure a successful advocacy process.

What is an Examination for Discovery?

Examination for discovery is one of the most important parts of a personal injury case. It allows the parties to meet and preview the evidence for mediation, trial, and settlement.

The Plaintiff (person or persons who have been injured or wronged) and their lawyer(s) will arrange a time to meet for the examination with the Defendant(s). The examination itself is conducted virtually or in-person. The goal of the examination is to “discover” the evidence that is intended to be used to support a claim for damages. The Defendant is allowed to ask questions to the Plaintiff about what happened during an accident / incident and what proof is available to support his / her version of events. The Plaintiff’s lawyer acts as a guide and protector for the Plaintiff to ensure the questions asked are civil (polite) and relevant to the case. During an examination for discovery, a court reporter will be in attendance who writes / types everything that is said – both the questions and the answers. The Plaintiff(s) will be asked to swear or affirm to tell the truth as the answers given can be used at a trial.

At a separate time, the Plaintiff’s lawyer gets to examine the Defendant(s) with their lawyers subject to the same rules and principles. In Ontario, the “rules” for conducting an examination of discovery that is legally binding are contained in the Rules of Civil Procedure. These Rules can be found in the Courts of Justice Act, R.R.O. 1990, at Regulation 194. Following “discoveries” of the Plaintiff(s) and Defendant(s) the answers to the questions posed by both sides may form the basis of evidence used to support a claim for damages in the form of an “undertaking”. This refers to an agreement given at a discovery to obtain and provide a specific piece of evidence to support or refute a claim. Each specific piece of evidence e.g. the records of a medical doctor, an OHIP summary, an accident report constitutes a separate undertaking.

Without the presence of a lawyer to protect the interests of a Plaintiff, a discovery can become arduous and confusing. Even scheduling a discovery takes time and effort. Your lawyer should know whether or not they wish to use the ‘Simplified Procedure’ for lawsuits claiming for $200,000 or less in damages versus the ‘Ordinary Procedure’. No matter which procedure is used, the results are what matter. In the case of discoveries, the results should be clear and precise undertakings that will create a road map to fruitful negotiations and settlement.