Legal Matters - Personal Injury
I recently suffered injuries in a car accident. The other driver was at fault. What can I expect to receive as compensation for my pain and suffering?
In Ontario, two conditions must be met in order to receive compensation for your pain and suffering.
First, you must meet or surpass a verbal threshold. That is, you must be able to prove that as a result of the accident, you have suffered a permanent serious impairment of an important physical, mental or psychological function or permanent serious disfigurement, like scarring. In some cases, it is clear that this test has been met but often times it is not. This test is complex and you will need the assistance of a lawyer in gathering the evidence you will need to prove that your injuries meet the threshold.
Second, in order to actually recover money for your pain and suffering, your damages must exceed the statutory deductible. The statutory deductible for pain and suffering in Ontario is $30,000.00. For example, if your pain and suffering damages are assessed at $70,000.00, you will actually only receive $40,000.00. However, no statutory deductible applies if your pain and suffering damages are assessed at over $100,000.00. So, if your pain and suffering is worth 150,000.00, you would receive the full amount.
Finally, and perhaps more shocking, compensation for pain and suffering is presently capped at approximately $355,000.00, an amount reserved for the most serious and severe cases.