Firm Expertise
Tort Claim
To pursue a claim against the at-fault driver for pain and suffering, your injuries must reach a certain threshold. According to the automobile legislation, you are allowed to sue if you have suffered:
- permanent serious disfigurement (i.e., scarring); or
- permanent serious impairment of an important physical, mental or psychological function
- You can also sue if the accident results in the death of a family member.
Any damage award you receive for pain and suffering is subject to a $30,000.00 deductible.
Any damages received in excess of $100,000.00 for pain and suffering is not subject to the $30,000.00 deductible.
Importantly, you can also sue for lost income, future lost income, impairment of your ability to earn income, loss of competitive advantage in the work-place, some out of pocket expenses and business losses without meeting the threshold. These claims are not subject to the $30,000.00 deductible.
There are some very important steps that must be taken in order to preserve your right to sue the at-fault driver.
- Formal written notice of your intention to proceed with a claim against the at-fault driver should be given to that driver and his or her insurance company within 120 days of the accident.
- You must provide the at-fault driver's insurance company with medical and economic information in support of your claim. You may also be required to sign a sworn statement about your circumstances of the accident and your injuries. Any information given in a sworn statement should be reviewed by a lawyer.
- Injured persons must apply for accident benefits and complete all of the application forms correctly (accident benefits will be discussed below).
- There is a distinction between economic losses before trial or settlement and economic losses after trial or settlement. Pre-trial income loss is paid at a rate of 80 percent of your net income. Post-trial income is paid at 100 percent of gross. It is important to move cases forward quickly to maximize your recovery. The value of seeking legal advise after an accident is obvious.
- There is a two-year period from the date of the accident within which you must commence an action against the at-fault driver. If you do nothing, you may lose your right to sue.
- You can force the insurance company of the at-fault driver to mediate your case before proceeding to trial. This is to encourage early settlement.
Contact one of our personal injury lawyers for a free consultation now.