Common questions regarding car accident injury claims as detailed by an injury attorney. For other frequently asked questions consult with the Preszler Law Firm FAQ page.
How soon can you begin receiving loss of income?
You cannot receive any loss of income for the first 7 days after the collision.
When can you sue for non-pecuniary general damages a.k.a Pain & Suffering and Loss of Enjoyment of Life?
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)
What happens if your injury meets “the threshold”?
There is a $38,818.97 deductible from the amount of damages you would otherwise receive. However, the deductible does not apply to these damages if the award exceeds $129,395.49.
Do family members have the right to sue?
Yes. In the event of injury, family members can sue for their loss of care, guidance and companionship. These claims are subject to a $19,409.49 deductible. However, the deductible does not apply if the award for these damages exceeds $64,697.21.
In the event of death, family members can sue for their loss of care, guidance and companionship. In addition, they may have dependency claims for the loss of shared family income, loss of household services and many other damages.
Do the principles of meeting “the threshold” or the deductibles apply to loss of income?
No. They only apply when you are suing for non-pecuniary general damages.
How much can you receive before and after trial?
Before trial, you can receive only 70% of your gross income (less any accident benefits or other collateral benefits 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.
What are collateral benefits?
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.
What health care expenses can you claim in a tort action?
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.
What are other pecuniary losses?
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.