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.
When an accident occurs involving a commercial truck, there is almost always an injury and many times, the injuries are more serious than a car accident. If you are a victim of a commercial truck accident, you need to know how you can be compensated for both physical and emotional damages you suffered as a result. Read More
Vehicle accidents can stop you in your tracks. What started out as a typical day may take you years to return to. If you have been in an automobile accident, you may be wondering what you can do in order to get some type of compensation and justice. Here are the more common types of claims that are normally filed after an accident. Read More
Now, if you have been involved in a motor vehicle accident, there is certain evidence that you would most definitely be very important for the case. This is particularly critical and you should most definitely make sure that you save it. The evidence is considered to be valuable information which helps proving that the accident was not really your fault. Read More
Nobody can foretell an accident and that is why when you are injured and stressed, you cannot think rationally. However, it is important that after seeing the doctor, you need to count on an experienced injury lawyer. There are quite a few things that you might take into very serious consideration when it comes to obtaining damages and benefits, if you have been involved in a motor vehicle accident. Read More
Legislation which was recently issued and enacted seems to make certain major changes and alterations, when it comes to the OW and the ODSP exemption limitations for car accidents as well as for cases related to personal injury cases. These changes definitely appear to have been made without a lot of publicity and announcements. And that is not something that personal injury lawyers as well as everyone involved seem to be looking forward to. Read More
Car accidents in Ontario are unfortunately rather common. So far, they are the most common type of accidents which cause personal injuries. As such, they deserve a very special approach and place in the legislation. However, there are quite a lot of different things which may lead to car accidents. And while some are going to provide the driver with a chance to seek reparations, others are going to put him under the stand. Driving under the influence, for instance, belongs to the latter type. This is something that you need to take into account. Read More
Now, one of the most common questions that people tend to ask when they get to the attorney’s office in Ontario is whether they need to file a lawsuit. Even though it may seem appealing to do so, remember that there are quite a few things that you need to take into account. Of course, certain situations would require a claim but in the majority of situations, especially when it’s about personal injury deriving from car accidents, this is not necessarily true. So, let’s take a quick look at some of the things that you might want to take into account prior to making a decision of the kind.
· Lawsuits are expensive
Even though you are likely to have the attorney hired on a contingency retainer and pay him off when and if he wins the case, the court taxes are still there. They are the responsibility of the one who’s initiating the motion. With this in mind, it’s important to know that you are going to get those repaid by the opposing party in the event you win the case but that’s not always going to happen. Furthermore, you will have to handle them in advance in order to initiate the procedure.
· Lawsuits are lengthy
If you want to file a motion for a lawsuit in Ontario, you can rest assured that it’s going to take a couple of years at best to get resolved. Given the current availability of the courts and the massive amount of motions which are pouring in every day, if you file a motion for a hearing today, you will be scheduled a date for the hearing somewhere in the next 2 years. This is something that you can’t have, especially if you need the money quickly to cover your bills. Your lawyer would be the best one to judge the validity of your claim and advice you accordingly.
· Lawsuits are risky
Even though you might think you have a solid case, keep in mind that reaching a final ruling means that you are in the hands of the judge or jury. The only thing that’s important is his interpretation of the law and his discretion. If you get your claim dismissed or a ruling against you, you can always appeal the ruling. However, this is going to take a lot more time and resources.
Of course, if the lawsuit is the only possibility, you shouldn’t hesitate and you should undertake it right away in order to rest assured that the matter is being handled. However, you will need to keep in mind that a settlement is always an option and it’s not necessarily the least appropriate one. In fact, you can get a lot more through a great settlement. That is exactly why you need to hire the services of an injury lawyer that is an expert at out of court mediation, negotiations and settlements so that you can be compensated quickly for the amount you deserve.