Pain and suffering compensation in Ontario, thresholds, deductibles and more…

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Pain and suffering compensation in Ontario, thresholds, deductibles and more…

What is compensation for pain and suffering?

Interested in Ontario Accident Benefits Pain and Suffering Compensation? When it comes to pain and suffering, there are some areas that are “grey areas.” Firstly, there is no doubt that you are in pain and that you are suffering. Getting compensation for this pain and suffering is sometimes another story. In Ontario, if you are injured in a motor vehicle accident you can sue the person(s) who caused the accident insurance company for general damages for pain and suffering.

The Ontario personal injury law surrounding pain and suffering is complicated. Firstly there is a statutory deductible of $30,000. What this means is that the first $30,000 you are awarded goes towards paying your deductible. That is why it is extremely important that you hire an experienced personal injury lawyer to help you with your claim. They will ensure that you receive maximum compensation for pain and suffering and that at the end of the day, you will walk away with a significant amount of compensation once your deductible has been paid.

Ontario personal injury law also has a “threshold” when it comes to pain and suffering. This threshold must be met in order to receive ANY compensation for pain and suffering. The Ontario Insurance Act states that a person is only entitled to general damages if they have sustained a serious and permanent disfigurement, or a serious and permanent impairment of an important physical, psychological or mental function. What is a permanent and serious impairment? Ontario courts have defined a permanent and serious impairment as an impairment that negatively affects a person’s daily living. This usually means that one struggles with daily life such as housekeeping, social interactions, work or educational activities. Qualifying for pain and suffering can be difficult to prove. Experienced personal injury lawyers can help you with this.

If you have been injured in a motor vehicle accident in Ontario and are suffering, we can help. Call or email us at We can talk to you by phone or come and meet with you and let you know how we can help you and what your best course of action is. You owe this to yourself. Once we have laid out a game plan for you, you can decide whether or not you want to start a claim. This costs you nothing. You need free advice from an experienced personal injury lawyer in order to make an informed decision.

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About the Author

David Hollingsworth has been a personal injury lawyer in Ottawa since 1999. David dedicates himself to helping people who have been injured in an accident, including car accidents, slip and fall accidents, motorcycle accidents, LTD claims, Accident Benefits claims and more. David and his team work closely with their clients and their families and help rebuild lives, following a traumatic accident. To learn more about David Hollingsworth, view his full profile.