When you’re injured in a motor vehicle accident in Alberta, your medical evidence is one of the most important factors in determining the value of your claim. Among the many types of documentation available, physiotherapy records often play a critical role especially when your injuries are being assessed under Alberta’s Minor Injury Regulation (MIR).
These records do more than show that you attended treatment. They tell the story of your recovery and, in many cases, they can make the difference between a “minor” injury and one that falls outside the cap.
Why Physiotherapy Records Matter
Under Alberta’s MIR, certain soft tissue injuries such as whiplash-associated disorders (WAD) I and II may be classified as minor and are therefore subject to a cap on general damages of around $6000.
However, not all injuries that begin as soft tissue end up being minor. The law recognizes that some injuries can lead to chronic pain, psychological complications, or functional impairments that make them “non-minor.”
That’s where physiotherapy records become crucial. They help demonstrate:
- Consistency of symptoms over time, showing that your pain, stiffness, or range-of-motion issues persist beyond what’s expected for a minor injury.
- Functional limitations, documenting real-world impacts such as difficulty performing work, sports, or daily tasks.
- Response to treatment, showing whether your symptoms improve, plateau, or worsen despite ongoing therapy.
- Professional observations, physiotherapists often record objective findings such as muscle guarding, trigger points, and measurable strength deficits that support your claim.
Together, these details can corroborate your subjective complaints and support a medical opinion that your injury is more serious than the MIR classification allows.
Linking Physiotherapy Evidence to Serious Injury
Insurance adjusters and defence counsel often scrutinize physiotherapy notes to argue that an injury resolved quickly or was mild. A well-documented treatment record, however, can show:
- Long-term impairment, such as ongoing neck or back pain months or years post-accident.
- Interference with daily function such as an inability to work full-time, exercise, or care for family.
- Persistence despite compliance, meaning the injured person followed medical advice and treatment plans but continued to experience significant limitations.
When combined with reports from physicians, psychologists, and/or chronic pain specialists, physiotherapy documentation can provide the objective foundation for arguing that the injury exceeds the minor injury threshold.
The Risk of Stopping Treatment: Failure to Mitigate
In Alberta, injury victims have a duty to mitigate their losses, meaning that they must take reasonable steps to recover from their injuries. Stopping treatment too early, missing appointments, or ignoring professional advice can seriously harm a case.
Insurance companies often argue a failure to mitigate when a claimant discontinues physiotherapy. They may claim that continued treatment would have improved the injury, and therefore reduce the damages payable.
To protect your claim:
- Follow your doctor/physiotherapist’s recommendations consistently.
- Communicate any barriers (financial, scheduling, or otherwise) to continuing treatment and document them.
- Keep copies of all exercise plans and discharge summaries.
If you must pause or stop physiotherapy, speak with your lawyer. There may be valid medical or financial reasons that need to be clearly explained and supported in your evidence.
How a Personal Injury Lawyer Can Help
An experienced personal injury lawyer understands how to use physiotherapy and other medical records effectively. We work with your treatment providers to ensure the records reflect not only your symptoms, but also how those symptoms affect your ability to live and work.
We can also obtain expert opinions connecting your physiotherapy progress (or lack thereof) to the underlying injury, helping to demonstrate that your injuries are serious, not minor, and that you have acted reasonably in your recovery efforts.
Final Thoughts
Your physiotherapy records serve as powerful evidence that can directly impact the outcome of your claim. By staying engaged in your treatment and working closely with your legal team, you give yourself the best possible chance to prove the true extent of your injuries and recover fair compensation that accurately reflects your losses and ongoing needs.