To sue for pain and suffering and loss of enjoyment of life, you must prove that you have sustained a “threshold” injury which is defined as:
permanent serious impairment of an important physical, mental or psychological function; or
permanent serious disfigurement.
If your injury meets the threshold, your award will be reduced by a deductible of $30,000. Awards in excess of $100,000 are not subject to this deductible.
**Determining whether an injury is a threshold injury and subject to deductibles is a complex legal and medical test which is constantly evolving before our courts. An experienced personal injury lawyer can best assess and give you advice on this and all other parts of your claim.
Loss of IncomeYou do not need to meet the threshold to receive damages for loss of income (or earning capacity).
You cannot claim any income loss for the first 7 days after the accident.
Thereafter, you can claim 80% of your net (after-tax) income loss up to trial or settlement. Future income loss can be claimed on 100% of your gross (before-tax) income loss.
Loss of income awards are reduced by the amount of income replacements monies ("or collateral benefits") that have been received from sources such as: accident benefits ("income replacement benefits"), short term or long term disability benefits, CPP disability benefits.
Past and future income losses are best calculated by an experienced personal injury lawyer, who will often retain an expert such as an economist or actuary to properly quantify all losses, including complex items such as pension losses.
Health Care ExpensesYour injury must meet the threshold to make a claim for health care expenses, which are past and future health care expenses above and beyond those covered by OHIP or your accident benefits insurer.
Housekeeping and Home Maintenance Expenses
If your ability to perform your normal housekeeping or handyman chores has been reduced, you can claim reimbursement for reasonable past and future expenses.
These awards are reduced by the amount of housekeeping and home maintenance benefits that are paid by your accident benefits insurer.
Family Law Act Damages
Some family members of the injured person may have a claim for damages based on loss of care, guidance and companionship, in cases of injury or death.
Each family member’s damage award is subject to a $15,000 deductible (unless these damages exceed $50,000).
