If you have been injured in a motor vehicle accident, you have enough to worry about. You may be facing hospitalization, medical bills, rehabilitation, or even a long-term loss of wages. You may be tempted to take the first settlement you are offered by the insurance company because it seems simple and you want to get on with more important things like healing and getting back to work. But you want to consider that you may be dealing with some long-term limitations in your life after an accident. Will that insurance settlement be enough? Read More
Accident victims have a right under the law to sue at-fault drivers for non-pecuniary damages such as pain and suffering after an accident resulting in injuries. But the fact is, in Ontario, suing for pain and suffering is difficult. The government has enacted laws putting limitations on the definition of pain and suffering and what it entails. If you have questions with regard to your rights under Ontario’s legal definition of pain and suffering, a Kitchener personal injury lawyer is a good resource.
The Legal Threshold for Pain and Suffering
Pain and suffering claims have to meet a certain “threshold”. Today, in order to pursue a claim, your injuries must meet certain requirements under the law. These injuries must be deemed a serious and permanent impairment of an important bodily function. Simply, this means that life has been transformed for you for the rest of your life. You must prove that you cannot work and cannot participate in your normal daily living as it was before the accident. These injuries will need to be proven permanent, meaning that they will impact your life in a tangible way for the rest of your life and will probably not become better. An injury lawyer in Kitchener will be able to help you determine whether your injuries meet this threshold.
The Need to Surpass the Monetary Deductible
In addition to meeting the threshold for the definition of pain and suffering, your injuries also need to surpass monetary amounts to apply for pain and suffering claims. A deductible $30,000 must be met. If your claim is not worth more than $30,000, it does not meet the necessary deductible to be considered a pain and suffering claim. Pain and suffering claims will be attributed to anything over and above that $30,000 deductible. This may or may not make sense to you as the victim if you are only going to be awarded a small sum after the deductible that then goes to pay legal fees. If your damages exceed $100,000, then the deductible does not apply.
From a victim’s perspective, a deductible doesn’t seem very fair. But insurance companies lobbied that they were paying out too much in claims for non-pecuniary damages and successfully had the deductible enacted.
Get Experienced Legal Advice
When it comes to pain and suffering, it is often very difficult to recover damages after a motor vehicle accident in Ontario. Your best recourse if you have any questions about your eligibility for a pain and suffering claim after an accident is to consult with a professional injury lawyer in Kitchener. Call the injury law professionals at ABPC Law in order to get any questions answered. We offer a no-cost initial consultation.
Distracted Driving and Your Legal Rights
Today we find more and more accidents being caused by what is called “the distracted driver”. Because of new handheld technology, we find that drivers are becoming far more distracted with less attention on the road in front of them. Distracted driving is not only a problem here in Ontario and the GTA but is becoming a problem in most parts of the world. A driver using a phone while operating a motor vehicle is four times as likely to cause a crash than one who is focusing on the road. In fact in Ontario alone, data from 2013 shows that a person is injured in a distracted driving accident every half hour. One person is killed on Ontario’s roads every 17 hours. Read More
After an accident, it can be a stressful time. Facing a personal injury claim can be emotional and overwhelming, yet you want to be assured that you are getting the best representation possible. Whether you accept a settlement or take your case to court, you want to make sure your Milton injury lawyer is experienced and prepared for anything that may arise. Read More
If you have lost a family member due to an accident, you may be entitled to a wrongful death claim. Dealing with the loss of a family member is one of the most emotional and painful things you can go through as a loved one. But often, the family is saddled with incredible financial hardships after a death, especially when the victim provided the main economic support of the family. In times such as these, family members have the right to seek financial compensation for their devastating loss. Under the Ontario Family Law Act, surviving family members have a right to file wrongful death claims. If you have recently lost a loved one due to the negligence of another, a Lindsay personal injury lawyer can advise you whether you may have a wrongful death case. Read More
An insurance company has to honor the claims made by someone that qualifies for disability insurance, unless that same company can uncover a weakness in the presented claim. It might use one of the following tricks to ensure the success of its effort to win the promised payments. Read More
While a victim of whiplash benefits significantly from the practice of keeping good records, anyone that has suffered some type of injury, as the result of a car accident, should make a point of creating a file of medical records. The value of the contents of such filed paperwork can guide any investigative work that might be performed by some member of the legal profession. For that reason, attorneys delight in access to papers filed during the first few months following the investigated accident. Read More
If you want to get compensated for the damages suffered, as the result of an accident, you can pursue one of two different legal channels. You can sue and take the opposing party to court. Alternately, you can agree to settle outside of the courtroom. There are reasonable arguments that can be used to substantiate whichever of the two channels you might feel inclined to pursue. Read More
At the time of an automobile accident, any occupant of one of the colliding vehicles could have his or her head jolted forward. Not long after that, the same body part would suddenly get snapped back. Consequently, the ligaments and tendons in the neck then undergo a dangerous sort of stretching; it is one that exceeds healthful limits. If that results in a minor injury, the damaged tissue should respond well to rest, administration of painkillers and utilization of physiotherapy. Read More
When you finally start to recover from a tragic loss, and you launch an effort to submit a wrongful death case in Ontario, do not expect to be compensated for your grief. All lawsuits of that nature must satisfy the conditions set by what is known as the Family Law Act. That same Act stipulates the compensation for loss of care, abrupt absence of guidance and swift removal of a source of companionship. Grief, on the other hand, seldom disappears entirely. Since all compensation gets based on the degree of loss no family should expect to be compensated for its grief. Read More