Car Accident Minor Injury Settlement: What to Expect?February 03, 2021
When you have been injured in a car accident, your ability to claim compensation will be based on your injuries’ seriousness, a car accident with minor injuries won’t have the same payout as a car accident with catastrophic injuries. Canadian law is very strict about how much can be awarded for different types of injuries and if the injured party can make pain and suffering claims.
Understanding Car Accident Minor Injury Settlement
If the injuries that you received in the car accident were minor, your lawyer would still seek compensation for your losses. However, a car accident minor injury claim is limited by law to $3,500 for each injury. Canadian law also prevents you from seeking pain and suffering damages unless your injuries were considered serious. “Serious” is defined as causing physical disfigurement or significant physical, mental, or psychological impairments.
To seek significant damages such as loss of future learning capacity, loss of enjoyment of life, or pain and suffering, your injury must fall within the “serious” category. This can significantly decrease the amount of compensation a person can receive when their injuries were only considered minor.
Were Your Injuries Really Minor?
Before your lawyer starts to file for a car accident minor injury settlement in Ontario, they will make sure that your injuries are actually considered minor or if they should be reclassified as serious injuries.
It is important to understand that injuries are all experienced differently. A person with a minor concussion from one accident may recover quickly and without issue. Another person with the same grade of concussion may find that they are having lasting issues and problems. This fact alone makes it crucial to work with a lawyer when you have been injured in an accident.
Important Facts About A Car Accident Minor Injury Settlement
It is crucial to understand that the laws concerning insurance settlements for car accidents are very complicated in Ontario. Laws that were passed in 2003 and updated in 2016 state that the injury victim is required to pay a deductible for any settlement that they receive in a car accident settlement. This deductible applies to any settlement for pain and suffering.
It is vital to understand that this deductible must be paid first from the settlement. If the award is not enough to cover the deductible, the injury victim will be held responsible for all of the insurance company’s legal costs.
This does not seem like very fair treatment for someone that has been injured in an accident.
As of 2020, the deductible is $39,556.53 for your pain and suffering claim. This means that you will need to be awarded a minimum amount of $40,000.00 to cover this deductible and still receive less than $500 for your losses. If you are only awarded $35,000.00, not only will you not receive any payment, you will also have to pay the insurance companies legal fees.
This complication in the law is not very friendly to the injured party. This is why it is important to work with a lawyer when you have been injured in a car accident. Your lawyer will ensure not only that your injuries are classified accurately and not downplayed by the insurance company but that any settlement you receive is fair and large enough to cover the mandatory deductible.
If you have been involved in a car accident and have been injured in any way, contact a lawyer as soon as possible to protect your rights. The insurance claim system is a complicated process that is not designed to be friendly to the injured party. The only way to protect yourself and your loved ones are to speak with a lawyer and have them manage your case in your best possible interest.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.