Preszler LAW FAQ's
Motor Vehicle Accidents
What our clients are saying
“ Thanks for taking on my case and winning a settlement for me! ”
We take your case seriously
At Preszler Law Firm, we focus on helping victims recover from their injuries.
Q.When can you sue for non-pecuniary general damages a.k.a Pain & Suffering and Loss of Enjoyment of Life?
A.To sue for these damages you must prove that your injury “meets the threshold.” This can only be done if you have sustained: a. Permanent, serious impairment of an important physical, mental or psychological function; or b. Permanent serious disfigurement (i.e. Scarring)
Q.What happens if your injury meets “the threshold”?
A.There is a $30,000.00 deductible from the amount of damages you would otherwise receive. However, the deductible does not apply to these damages if the award exceeds $100,000.00.
Q.Do family members have the right to sue?
A.Yes. In the event of death or injury as provided for in Ontario’s Family Law Act, non-pecuniary Family Law Act claims are subject to a $15,000.00 deductible. However, the deductible does not apply if the award for these damages exceeds $50,000.00.
Q.Do the principles of meeting “the threshold” or the deductibles apply to loss of income?
A.No. They only apply when you are suing for non-pecuniary general damages.
Q.How soon can you begin receiving loss of income?
A.You cannot receive any loss of income for the first 7 days after the collision.
Q.How much can your receive before and after trial?
A.Before trial, you can receive only 80% of your net loss of income (less any accident benefits which are received). After trial, you can receive 100% of your gross loss of income. In certain cases, you may have to assign over any future collateral benefits you are entitled to in the future.
Q.What are collateral benefits?
A.A collateral benefit includes payments for loss of income from another private or public plan such as income replacement benefits, long term disability benefits, or CPP disability payments.
Q.What health care expenses can you claim in a tort action?
A.If you have sustained a threshold crossing injury, you are able to claim the cost of all medical and rehabilitation expenses incurred as a result of your accident, in excess of amounts paid or available from your own insurer.
Q.What are other pecuniary losses?
A.A common example of "other pecuniary losses" is the cost of hiring somebody to perform your daily activities (e.g. household chores) that you are no longer capable of doing because of your accident.