Ottawa lawyer David Hollingsworth explains maximum award for pain and suffering compensation in Ontario.
Ottawa Personal Injury Lawyer David Hollingsworth and Associates: lawyers for Ontario accident victims.
Compensation for Pain and Suffering in Ontario
Ontario Insurance. There are two types of damage compensation in Ontario: pecuniary damages and non-pecuniary. Pecuniary damages can be calculated and non-pecuniary damages cannot be calculated.
Damages for Pain and Suffering in Ontario (Non-Pecuniary Damages)
Most serious accidents in Ontario result in personal injury and pain. There is the obvious pain suffered immediately following the accident, the pain following the treatment of the injury (ie surgery, physio etc..) and then there is the ongoing pain that can last for weeks, months, years or throughout one’s life following an accident. In many cases, a serious injury may never fully heal, leaving accident victims with a life long pain problem. Thankfully the Ontario insurance regime compensates accident victims for pain and suffering.
In Ontario, the amount awarded for pain and suffering varies depending on the situation. Some factors that help determine the maximum amount of compensation for pain and suffering are:
- the severity of the injury
- the length of time it should take the injury to fully heal
- treatment required to treat the personal injury (ie surgery required?)
- hospitalization? rehabilitation? how long?
- the physical and emotional damage that the injury has caused now and moving forward
- pre-existing injuries
I will be honest, it is difficult to sue for pain and suffering after a car accident claim in Ontario. We have however had great success in helping our accident victims get the maximum amount of compensation for pain and suffering.
Nowadays, in order to sue for pain and suffering, your injuries need to meet a legal threshold . The legal threshold must show a serious and permanent impairment of an important bodily function. This impairment can be viewed in many ways . To keep things simple, it basically means that you cannot work, be a caregiver, or participate in normal activities of daily living as a result of your pain and suffering.
Also, to receive compensation for pain and suffering , your injuries must be permanent. What makes this particularly difficult is the fact that it is sometimes tricky to show that an injury is permanent without waiting for at least a year after the accident . Accident victims are struggling throughout this year and it is difficult to try to rebuild a new life without knowing what lies ahead.
In order to claim compensation for pain and suffering in Ontario, the personal injuries suffered in or after the accident must be proven to the courts,should the insurance company try to deny compensation. Unfortunately, in most cases, that’s exactly what they will try to do. As an Ottawa personal injury lawyer, I find this to be so disturbing as often times people with “invisible” injuries are the people who need the compensation the most .That is why I take all pain and suffering claims in Ontario very seriously. I see how much pain people are in and how they have lost their everyday life to an accident. I do everything I can to really help these accident victims.
Ontario Insurance: Pain and Suffering Claims Deductible
Not only to pain and suffering claims need to be a specific threshold in Ontario, the Ontario government has also legislated that they surpass a $30,000 deductible for pain and suffering claims. Sadly,what this translates to for accident victims is that they do not receive the first $30,000 in compensation; however, this deductible does not apply to injury claims where the pain and suffering damages exceed $100,000. As an experienced Ottawa personal injury lawyer, this is where I can truly help. The system is not fair and that is why experienced personal injury lawyers can make all the difference.
If you have suffered and are continuing to suffer from an accident, we can help you. You are not alone. Our dedicated team of Ottawa personal injury lawyers can help you get through these difficult times. We know you need financial compensation,as well as emotional. We have all the resources you need are we are here to help. For more information ,visit us at www.ottawainjury.ca