Obligations And Rights of Driver Involved In Car Accident

Although society does not have much respect for ambulance chasers, the law does forbid the departure of a driver or an accident victim from that horrible scene. In fact, that is one of the 8 obligations of any driver that has been involved in a car accident. Certainly no driver or victim should feel obligated to speak with an ambulance chaser. Still, drivers do have more than one obligation. Read More

What Does It Mean To Drive Defensively?

If you fail to drive defensively, then you invite the chance for a motor vehicle accident. If you do drive defensively, then you work to prevent such an accident. You do that by considering what sort of action another driver might take. Obviously, you cannot read the mind of each person that sits behind the wheel of a car, truck, van or SUV. Still, you can form in your mind all the possible moves that a given driver might take. You can work to prevent another driver’s performance of what might be called a dumb move. Read More

Simple Ways That Truckers Can Reduce The Incidence of Accidents

The trucking industry works on deadlines. If deadlines aren’t met and goods not moved, then profits are affected. Today, over 200,000 people make their living in the trucking industry in Ontario and there is a major shortage of qualified drivers. This means even more pressure for truckers to meet deadlines and work longer hours. Kitchener injury lawyers see many cases of accidents involving trucks where drivers have succumbed to fatigue. Read More

Should I Accept The Insurance Settlement After A Motor Vehicle Accident?

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

Is It Worth It To Sue For Pain And Suffering After A Motor Vehicle Accident?

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.