Is Pain and Suffering Awarded After a "Minor" Car Accident?
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| car accident case |
How is Pain and Suffering Determined in a Car Accident Case?
When hurt in a car accident that was not your fault, the question often arises can you sue for pain and suffering. Some people are under the mistaken impression that because of our insurance system they can’t make a claim. That is simply not correct.
Our present insurance regime is complicated and restricts a person’s ability to sue for pain and suffering, but does not abolish it. In order to sue you must suffer a permanent serious impairment of an important physical, mental or psychological function, or suffer permanent disfigurement. This is called the threshold. Injuries are reviewed on a case by case basis. Factors considered include how the injuries impact your life, your activities of daily living and your ability to continue with employment or schooling.
If the injuries pierce the threshold, you can sue. Unfortunately, your award for pain and suffering will be reduced by a statutory deductible of $30,000, unless your award for pain and suffering is greater than $100,000. When injured in an accident, it is important to immediately seek medical attention and disclose the nature and extent of all injuries to your doctors. It is often based on this evidence that a threshold injury is established.
What am I entitled to recover if injured in an accident?
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| accident (cause of death) |
there are two possible sources of recovery following an accident. Your own insurance company is responsible for certain expenses known as accident benefits depending on the severity of your injury. this aspect will be discussed in a later article.
If the accident was not your fault, you may also be able to recover damages from the insurer of the responsible vehicle. this could include amounts for pain and suffering, income loss, housekeeping and healthcare expenses.
to make a claim for pain and suffering you must suffer an injury serious enough to pierce a level of injury referred to as the threshold. In effect you must suffer a serious and permanent impairment of an important physical, mental or psychological function or suffer serious permanent disfigurement. If your injuries meet that criteria you can sue for pain and suffering but your claim will be reduced by $30,000 unless the value of your claim exceeds $100,000.
If you miss time from work you can make a claim for income loss following a seven-day waiting period. You are entitled to claim up to 70% of gross income loss up to the time of trial and 100% of your gross income loss following a trial. Unlike making a claim for pain and suffering there is no threshold to pierce to make a loss of income claim.
should your injury pierce the threshold and require you to seek medical care not covered by OHIP or other sources you can claim your healthcare expenses.
Your injuries may make it difficult for you to carry out household chores or activities of daily living. You may have to enlist the support of others and pay them accordingly. should this occur you may be able to seek reimbursement.
Personal injury claims are complicated and time sensitive. It is essential that you retain lawyer immediately to guide you through this process.