If a person injured in auto accident in Ontario wants to pursue compensation for pain and suffering, the victim’s injuries must exceed the threshold of severity established by the Insurance Act.
However, this can be difficult to do. The Windsor car crash lawyers of Greg Monforton & Partners can help you determine if you are able to additional compensation for the injuries you have suffered.
Contact us now to request a free, no obligation consultation and learn your legal options for pursuing compensation.
Threshold Test for Pain and Suffering Claims
The threshold is described in Section 267.5 (3) of the Insurance Act and states that an individual is not liable for another’s injuries unless the injury victim died or suffered permanent serious disfigurement or permanent serious impairment of an important physical mental or psychological function.
To meet the criteria of the threshold, the following requirements must be met:
- The impairment must be permanent. A judge will evaluate medical records, witness testimony and treatment history to determine if the injuries sustained have caused a permanent impairment. The impairment must have been continuous since the incident and must not be expected to substantially improve.
- The impairment must be serious. A judge will evaluate how the injury has seriously impacted the victim’s ability to work, engage in usual activities of daily living, and care for himself or herself and his or her family. This requires the impairment substantially interfere with the person’s ability to perform the tasks required for his or her job despite reasonable efforts to accommodate the impairment.
- The impairment must affect critical physical, mental or psychological function. Simple injuries, such as bruises, will not meet the threshold test. Injuries must impact the victim in a real and tangible way to meet the requirements.
A skilled lawyer will be able to assess if your injuries meet the threshold test and can compile evidence showing the injury’s substantial impact and permanence.
Ontario Motor Vehicle Accident Deductible
Another barrier to recovering compensation for your pain and suffering after a crash is the Ontario motor vehicle accident deductible. Ontario Regulation 461/96 states that pain and suffering compensation is subject to a deductible that reduces the amount recovered by $37,983.33 in 2018.
However, the deductible will not apply if your case is worth more than $126,610.07. Cases valued above this number are not subject to the deductible.
This means someone whose claim is worth $50,000 will only receive $12,016.67, which is significantly less than fair value for the pain and suffering he or she has experienced due to injuries caused by another person’s negligence.
Family members of those involved in an accident who make a claim under the Family Law Act must also pay a deductible of $18,991.67 in 2018 unless their claim is worth more than $63,304.51.
Contact Greg Monforton & Partners Now
The knowledgeable Windsor personal injury lawyers of Greg Monforton & Partners are well-versed in the requirements for obtaining compensation for pain and suffering. We will evaluate your case and help you secure the compensation you deserve for the pain and suffering your injuries have caused.
We offer a free, no obligation consultation to review your case and inform you what legal options are available for pursuing compensation for your injuries. Our lawyers work on a contingency fee basis, so there are no risks or upfront fees. We are only paid if we recover compensation in your case.