If you have been involved in an accident and are pursuing a claim against those responsible, you may be entitled to damages for pain and suffering. These damages are referred to as non-pecuniary damages and are subject to limits through both the common law and legislation.
In 1978, the Supreme Court of Canada capped the amount that can be awarded for pain and suffering in Andrews v. Grand & Toy Alberta Ltd. Andrews, a young man in his early twenties, was rendered a quadriplegic in a traffic accident. In that case, it was determined that the maximum amount to be awarded for pain and suffering would be $100,000.00. This amount has been adjusted due to inflation and is now approximately $350,000.00.
Are you entitled to compensatory damages?
Pursuant to the Insurance Act in Ontario, a Defendant in a motor vehicle accident can only be held liable for non-pecuniary losses if the injured person died or sustained permanent serious disfigurement or permanent serious impairment of an important physical, mental or psychological function. This is referred to as the threshold. In order for the Court to find an accident victim has met the threshold for non-pecuniary damages, the injuries suffered must substantially interfere with their ability to continue to engage in their daily lives. If the victim has been unable to return to work, this is often considered to meet the threshold. However, employment is not the only factor considered and the threshold has been met where victims were unable to return to their usual daily activities.
How much can the victim received?
Additionally, there is a $30,000.00 deductible for pain and suffering damages. This means that an accident victim will not receive any damages for pain and suffering unless the Court awards an amount in excess of $30,000.00. However, the deductible will not apply if the award is for an amount above $100,000.00. If you have been involved in an accident, please speak to a personal injury lawyer to understand your rights.
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