Now, you’ve probably heard that if you’ve been injured in an accident in Ontario you are capable of filing a claim, suing for pain and suffering. That’s true. However, there are quite a lot of different things which need to be taken into account when it comes to it. These are the so-called general damages and the accident victim has the right to seek them from the at-fault driver or from the insurance company as compensation. In a lawsuit of the kind, these damages are also commonly referred to as non-pecuniary ones as there is no objective economic criterion which is used in order to determine them precisely. In fact, this was exemplified in a case used as a principle ever since 1978 – Andrews v. Grand & Toy.
What a lot of people fail to take into account as well is that there are limitations to the extent of damages that you can actually recover on the basis of pain and suffering.
Insurance Act Limits
The first thing that limits the amount of money that you can receive is the Common law and right after it there is the statutory provision of the Insurance Act. With this in mind, it’s important to understand that the Insurance Act actively limits the cases in which you can claim pain and suffering. It excludes the possibility for victims in Ontario to receive any compensation on these grounds unless certain conditions are met properly.
Now, the first thing that you need to understand is that there is $30,000 which is going to be deducted from the claim. Therefore, if you are awarded $35,000 for your pain and suffering, you will only receive $5,000. This doesn’t apply to awards for over $100,000.
This is the more important consideration that you need to account for. The legislation in the province is set forth in a manner which does not award damages for pain and suffering in motor vehicle negligence claim unless the victim of the accident has:
· Sustained serious permanent disfigurement or
· Sustained permanent impairment of an important function which could be mental, physical or psychological
As you can see for yourself, there are quite a few things that you would have to take into account when it comes to it. This is the main reason for which it is highly advisable that you advise a professional personal injury lawyer – one who is capable of letting you know whether or not you are actually allowed to receive the necessary compensation. This is an important step to take, given the fact that your entire case might be for not if you fail to account for these considerations in advance. Look online or get references to good injury lawyers. Schedule an appointment and discuss your case. The lawyer will evaluate the merits and then take on your case.