Generally speaking, if someone suffers an injury as the result of someone else’s negligence, they may bring a civil tort claim to recover damages from the responsible party. These damages may include lost income, medical expenses, and pain and suffering.
However, in Ontario, there are statutory restrictions on recovery for car accident victims. In order to receive damages for pain and suffering, the car accident must have caused, “permanent serious impairment of an important physical, mental or psychological function.”
What does permanent and serious mean?
An injury or impairment is “serious” where it interferes substantially with one or more of the following:
- Employment – you are unable to continue your usual employment despite reasonable efforts to accommodate your injuries
- Training – you were training for a career and your injuries prevent you from continuing that training
- Daily living – you are unable to participate in most of the usual activities of daily life, such as personal care, hobbies, and personal relationships.
In order for a serious injury to be considered “permanent” it must have been ongoing since the accident and not be expected to substantially improve in the future.
How do you prove your injuries are permanent and serious?
It can be difficult to prove that you have suffered permanent and serious injuries. Defendants will attempt to show that your injuries are not that severe, or that they pre-dated the accident.
Your own testimony about your condition is important, as well as evidence from witnesses who have observed how your injuries have impacted your life. However, in most cases, this is insufficient to prove that you have met the threshold.
Your doctor’s records, and evidence from medical expert witnesses that have assessed your condition, are some of the best ways to show that your injuries meet the threshold. A knowledgeable personal injury lawyer with experience handling threshold claims can help identify the right experts, which can make a big difference.
Personal injury lawyers specializing in serious motor vehicle accident claims
At Jasmine Daya & Co., our personal injury lawyers have extensive experience proving threshold claims on behalf of our clients. We can help build a strong case on your behalf, and our experience can give you an advantage in your claim for compensation. If you have questions about whether your injuries for pain and suffering meet the motor vehicle accident threshold, we offer free consultations to new clients.
Contact us online, or call our office to make an appointment at 416-967-9100.