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Entitlement to Non-Pecuniary Damages in Tort Claims – Pain and Suffering and Loss of Enjoyment of life

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Entitlement to Non-Pecuniary Damages in Tort Claims – Pain and Suffering and Loss of Enjoyment of life

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Commencing a tort claim against the at-fault party of a motor vehicle accident enables the injured party to claim for additional income losses not covered by their accident benefits provider, including out-of-pocket medical and rehabilitation costs. A tort claim also allows an injured party to seek non-pecuniary damages for pain and suffering and loss of enjoyment of life as a result of the accident.

Tort claims are intended to compensate the injured party for what was lost due to the accident or injury; thus, they are classified as “compensatory”, with the goal to put the injured party in a position they would have been if the accident never happened. However, it is difficult to place a dollar amount on pain and suffering or the inability to enjoy life because of accident-related injuries, which is why these damages are referred to as “non-pecuniary”. In order to provide consistency in determining when an injured party will be entitled to such non-pecuniary damages, the law has created a “threshold” requirement and the application of deductibles. It’s important to consult with a tort claims lawyer as soon as possible to understand your rights.

The exact interpretation of the “threshold” is constantly evolving as a result of new court decisions dealing with this topic and changes to the regulations under the Ontario Insurance Act. Overall, in order to sue for pain and suffering the injured party must have sustained a certain level of impairment. The injuries sustained in the accident must have resulted in:
• Death;
• Permanent serious disfigurement (e.g. loss of a limb or scars); or
• Permanent serious impairment of an important physical, mental or psychological function.

If this threshold is not met the injured party is not entitled to non-pecuniary damages. The key requirement is that the accident injury is permanent.

If the serious and permanent threshold is met, an award of damages for pain and suffering is then subject to a potential deductible. In Ontario, there is currently a $30,000.00 deductible from the amount of damages the injured party would otherwise receive if the non-pecuniary damages are determined to be less than $100,000.00. For example, if you are awarded $70,000.00 for pain and suffering, the $30,000.00 will automatically be applied. Thus, you will only receive $40,000.00 in damages. On the other hand, if you are awarded $100,000.00 or more, the deductible will not apply and you will be entitled to the full amount of the damage award.

This demonstrates how the law in Ontario is limiting damages in tort claims and setting strict standards to be applied to flush out more minor claims. The general view of the courts is that damages for pain and suffering should be viewed as simply providing additional money to make life more endurable, since the injured party will already be compensated for future loss of income and future care costs. It is rare to see a non-pecuniary damages award exceed an upper-limit of $300,000.00

If you are seriously injured in a motor vehicle accident, the expertise of a tort claims lawyer will be required to assess your case and determine whether you are entitled to make a claim for non-pecuniary damages. Our tort claims lawyers are always up-to-date on changes in the law and the necessary evidence required to meet the strict “threshold” for non-pecuniary damages.

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.

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Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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