PAIN & SUFFERING CLAIM
This is a negligence claim where you are seeking compensation because of the negligence, or fault, of another driver or vehicle owner.
Under Ontario law, to receive pain and suffering compensation, you must have sustained what is called a "threshold injury". The three categories for threshold injury in Ontario are (1) death; (2) permanent serious disfigurement (3) serious and permanent impairment of an important physical, mental or psychological function.
Most Ontario car accident cases involve the last category – serious and permanent impairment of an important physical, mental or psychological function. The meaning of this phrase has changed numerous times of the years but the definition says that an accident victim must show an objectively manifested impairment that affects his or her ability to lead a normal life.
Third Party or Tort Claims
GENERAL DAMAGES |
DEDUCTIBLE |
Deductible – injury person |
$30,000 vanishes after $100,000 |
Deductible – Family Law Act claimaints |
$15,000 vanishes after $50,000 |
Deductible – Fatality |
No longer applies |
Proving a threshold injury is not easy and usually entails the professional help of a lawyer. Enzo DiGioia and The Legal Solution Professional Corporation team are car accident experts. We have represented car accident victims for over 15 years. It is our goal to answer any questions you have and fight for all the benefits and compensation you are entitled to under the law.
And remember, you pay no fees until we settle your car accident case. Let us help you. Call 519-252-6969.