In Ontario, each accident victim automatically obtains the right to sue the liable party in an effort to push for compensation. Specifically, compensation for their pain and suffering is an important criterion. This specific type of compensation is known as non-pecuniary or general damages since no price tag can be put on the pain and suffering an individual is enduring. The pain and injuries can be due to any accident that the victim has been through, ranging from car accidents to slip and fall or even medical malpractice.
The Limits Put On General Damages
To discourage people with minor injuries from filing claims in an effort to obtain general damages, the Insurance Act has made compensation for pain and suffering conditional. To be exact, there are two prerequisites which need to be met in order for victims to receive any compensation.
#1: Statutory Deductible
This prerequisite requires the plaintiff to put forward a claim that has been labeled worthy of at least $30,000 in compensation since that is the set deductible for all pain and suffering awards. Any amount of money higher than $30,000 will leave the plaintiff with extra money, after the set $30,000 has been subtracted. However, this deductible is only in effect for damage awards below the $100,000 margin.
#2: Threshold Injury
When it comes to motor vehicle negligence claims, no pain and suffering compensation will be paid unless one of the victims has met a fatal end, was left with a permanent severe disfigurement, or is now suffering from a permanent and severe impairment of one of their major functions, be it physical, psychological, or mental. That is why talking with a Personal Injury Lawyer in Lindsay can help you sort through the legal maze.
In other words, there has been a threshold put into place, and any claim that does not make it past this threshold will be disregard right off the bat. For you, this means that you have to be sure your claim will pass, otherwise, you may be left to pay the defendant’s legal fees due to your failed attempt to start a lawsuit against them.
These fees can be significantly high, reaching up to $50,000 or higher, including your own fees and other expenses. This is because courts will only determine whether your case passes the threshold in the aftermath of the trial. If your condition is not deemed serious enough, you will lose your case and potentially also a large chunk of money. Because of this, you should ensure that your case is strong enough and built on enough evidence to safely pass the threshold. This process of building the case typically takes a minimum of three years.