From the outset, it should be noted that it is up to the victim to demonstrate the causal link between his sequelae and the road accident of which he was a victim. The burden of proof required for this purpose is that of the balance of probabilities, not that of mere possibility. Thus, the victim will have to show that his health problems are more likely to result from his accident than from any other cause.
It is therefore understandable that it will not be enough to claim that a health problem appeared after your road accident to automatically establish the existence of a causal link between it and your accident. Indeed, it is still necessary to be able to explain how the health problem is, in a probable way, the consequence of this event. To this end, medical evidence and an expert report can be indispensable tools.
Nevertheless, the case law teaches us that a simple assertion has very little probative value, and that it alone is not sufficient to establish the probability of a causal link, even if it is made by a doctor or an expert. Therefore, it will be important to justify this assertion by logical reasoning, consistent with recognized medical knowledge and based on the assessment of all the evidence in the file.
To this end, it is also important to complete the SAAQ’s initial claim in a complete and detailed manner in the days following your accident, mentioning all of your sequelae. Indeed, this claim can serve as evidence to establish a causal link between these sequelae and your accident in the future.
Similarly, your diagnostic delay, the time between the occurrence of your accident and the pronunciation of your diagnosis, is essential to establish the causal link in your file. Thus, it should not be long before you consult a doctor to document your sequelae when you suffer harm during a road accident, since too long a diagnosis period can encourage the SAAQ to refuse to recognize a causal link in your cause.
Finally, several criteria of imputability can be used by a court that has to decide whether or not there is a causal link in a case, including:
- the victim’s previous condition;
- the reality and intensity of the trauma suffered;
- the nature and usually expected course of the initial injuries;
- the mechanism of production of the injury;
- the prior integrity of the traumatized area;
- and the time taken to appear of the signs and symptoms of the harm suffered.
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