Pain and suffering compensation in Ontario, thresholds, deductibles and more…

What is compensation for pain and suffering ?

Interested in Ontario Accident Benefits Pain and Suffering  Compensation ?  When it comes to pain and suffering in Ontario, there are some areas that are “grey areas”. Firstly, there is no doubt that you are in pain and that you are suffering. Getting compensation for this pain and suffering is sometimes another story. In Ontario, if you are injured in a  motor vehicle accident you  can sue the person(s) who caused the accident insurance company for general damages for pain and suffering.

The Ontario personal injury law surrounding pain and suffering is complicated. Firstly there is a statutory deductible of $30,000. What this means is that the first $30 000 you are awarded goes towards paying your deductible.  That is why it is extremely important that you hire an experienced personal injury lawyer to help you with your claim. They will ensure that you receive maximum compensation for pain and suffering and that at the end of the day, you will walk away with a significant amount of compensation once your deductible has been paid.

Ontario personal injury law also has a ” threshold” when it comes to pain and suffering. This threshold must be met in order to receive ANY compensation for pain and suffering.  The Ontario Insurance Act states that a person is only entitled to general damages if they have sustained a serious and permanent disfigurement, or a serious and permanent impairment of an important physical, psychological or mental function. What is a  permanent and serious impairment?  Ontario courts have defined a permanent and serious impairment as an impairment that negatively affects a person’s daily living . This usually means that one struggles with daily life such as housekeeping, social interactions, work or educational activities. Qualifying for pain and suffering can be difficult to prove.  Experienced personal injury lawyers can help you with this.

If you have been injured in a motor vehicle accident in Ontario and are suffering, we can help.  Call or email us at david@ottawainjury.ca .  We can talk to you by phone or come and meet with you and let you know how we can help you and what your best course of action is. You owe this to yourself .  Once we have laid out a game plan for you, you can decide whether or not you want to start a claim. This costs you nothing. You need free advise from an experienced personal injury lawyer in order to make an informed decision.

The Ottawa personal injury team dedicate themselves to ensuring that  all Ontario residents involved in accidents receive all the help, support and compensation they need following an accident in Ontario.

email david@ottawainjury.ca or call (613) 978-9549

 


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:

  • age
  • 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