Deductions Made For Multiple Claimants In Ontario

Residents of Ontario, like all Canadians must deal with the fact that there is a cap on the damages for pain and suffering. The existence of that cap affects the size of the award granted to any accident victim with an injury that is valued at less than $124,000.

Does that mean that any such victim should forget about receiving a check greater than the capped amount?

Actually, any such victim should plan to be satisfied with an award that falls below the capped amount. According to Canadian law, a victim with an injury that is worth less than $124,000 has his or her damages for pain and suffering capped at $360,000. By the same token, the victim’s award gets reduced by the amount of the statutory deductible. The dollar amount of the statutory deductible equals $37,000.

In other words, a total of $37,000 gets taken out of any victim’s compensation, even if it does not equal the capped amount of $360,000. In light of that fact, residents of Ontario should start asking one fundamental question: Who must pay the injured victims of an accident? The answer may surprise them. The money for that payment comes from the defendant’s insurance company.

Consequently, each time that a car accident victim pays the statutory deductible, the defendant’s insurance company enjoys a reduction in the size of the compensation package, which is owed to that same victim/plaintiff. In other words, each time that a resident of Ontario pays a statutory deductible, after claiming compensation for accident injuries, an insurance company profits by $37,000.

How much money can someone with a catastrophic injury win for pain and suffering?

Personal Injury Lawyer in Oakville know that the cap for such victims is much higher, a total of $1 million. Still, each Canadian that has sustained a catastrophic injury in a motor vehicle accident must appear in a courtroom, in an effort to convince a judge that the victim’s condition qualifies as a serious and permanent impairment. In other words, a judge decides the fate of any resident of Ontario that suffers a serious condition, after involvement in a car accident.

Now, a victim that gets awarded $1 million does not suffer a terrible fate, although he or she does have limited funds to work with. Think though, about the future for anyone that fails to convince a judge that a medical problem does not qualify as serious and permanent. That unfortunate man or woman can never expect to receive a single cent, regardless of the extent of their pain and suffering.

Regardless of the extent of their injuries, Canadians involved in an automobile accident must deal with the consequences linked to the government’s restrictions, concerning the amount of money paid to the affected victims.