Ottawa personal injury and accident lawyer Brenda Hollingsworth spoke to several hundred personal injury lawyers in Toronto on Friday, May 29, 2009 about the legal threshold to sue for injuries for pain and suffering after an Ontario car accident.
The talk focussed on 3 cases decided over the past thirteen months: Nissan v. McNamee, Sherman v. Guckelsberger and Soubourin v. Dominion of Canada.
These cases consider whether changes made to the Insurance Act in 2003 (which are only now making it to court) actually change the standard judge are applying to plaintiffs suing for damages for pain and suffering. At this time, injured victims in motor vehicle accidents must prove that they have been serious and permanently injured before they can advance a claim for damages. Brenda’s conclusion was that unfortunately, the trend seems to be toward tightening the restrictions.
However, fortunately, it is expected that the provincial government will announce changes to this law very soon and that the changes will benefit accident victims who wish to obtain comensation through the courts. We will be posting videos and blog posts about these changes when they are announced.
Whether or not you meet the legal threshold to sue is a legal question that should be answered for you by a lawyer acting in your best interest. If you would like to inquiry about your injury and a possible law suit, contact us for a free initial consultation.