Ottawa Car Accidents and Pain, Suffering and Loss of Enjoyment of Life

If you have been in an Ottawa car accident or a car accident elsewhere in Eastern Ontario and want to sue for pain, suffering and loss of enjoyment of life, you must prove that you have suffered a “threshold injury”.  What does that mean?

It means you have suffered:  permanent serious impairment of an important physical, mental or psychological function or permanent serious disfigurement.

If your injury meets the threshold, you can sue.

In addition to the threshold, your Ontario accident damages will be reduced by a deductible.  The deductible changes from time to time.  Email us and we will let you know what deductible applies to your accident.

It is not easy to guess whether your Ontario car accident case meets the legal and medical test to determine if your injury is a “threshold” injury or not.   We would be happy to review your case, for free, to let you know what we think.

Contact an Ontario personal injury lawyer at [email protected] to find out if you meet the Ontario threshold and if so, what deductible applies to your case.

Ottawa Car Accident Claims and Loss of Income:

You can also sue for a loss of income you have suffered because of an Ontario car accident. You do not need to meet the threshold to get damages for loss of income (or loss of your earning capacity).

The bad news is that you cannot claim any income loss for the first seven days after the accident. Aftrer that, you can claim 80% of your net income loss up to trial or settlement. Future income loss is awarded on 100% of your gross (before-tax) income loss.

Your loss of income damages will be reduced by the income replacements money  you receive from  accident benefits (income replacement benefits), short term or long term disability benefits or Canada Pension Plan disability benefits.

Ontario Car Accident Claims and Health Care Expenses:

You can also claim past and future health care expenses beyond those covered by OHIP or your accident benefits insurer from the at-fault driver.

Ottawa Car Accident Claims and Housekeeping and Home Maintenance Expenses:

If your ability to perform your normal housekeeping or handyperson tasks has been impaired by your car accident, you can claim reimbursement for reasonable past and future expenses. Your Ontario car accident damages will be  reduced by housekeeping and home maintenance benefits paid by your accident benefits insurer.

Ottawa Car Accident Claims and Family Law Act Damages:

Family members of the injured person in Ontario 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 deductible.  Check with a personal injury lawyer to determine what deductible applies to your case.

About the Author: Brenda Hollingsworth

Brenda Hollingsworth co-founded Ottawa’s Auger Hollingsworth in 2005 with her husband Richard Auger. Together, their mission was to create a personal injury law firm for Eastern Ontario that is unrivalled in the province for customer service and legal expertise. Brenda was named an Ottawa Business Journal Forty Under 40 award recipient and took home the Women’s Business Network’s Businesswoman of the Year award in the Professional category. She was also recognized as one of Ottawa Life Magazine’s “Top 50 People in the Capital.” She is often quoted as an expert and has appeared in media outlets such as CTV, The Globe and Mail, National Post, Ottawa Citizen, Sun Media, CBC, Toronto Star, Montreal Gazette, CFRA and many legal publications.

Helpful info, delivered to you—free!

Sign up for our free monthly newsletter. It’s full of useful info (plus occasional giveaways). You can unsubscribe anytime.