Uncovering the Hidden Deductible on Pain and Suffering Awards in Ontario Car Accident Cases

January 09, 2024, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

At Deutschmann Personal Injury Law, we understand the challenges that follow a car accident. The physical, emotional, and financial toll can be overwhelming. Our mission is to guide you through the complex legal terrain and secure the compensation you rightly deserve.

Today, we shine a light on a crucial yet often overlooked aspect: the hidden deductible attached to pain and suffering awards in car accident cases.

In Ontario's pursuit of a personal injury lawsuit post a motor vehicle accident, terms like "pain and suffering" or "non-pecuniary damages" are common. These damages aim to compensate individuals for the physical and emotional distress and the diminished quality of life resulting from the accident.

However, what many accident victims fail to realize is the presence of a deductible tied to these awards. Insurers use this deductible to minimize or deter substantial payouts.

The Insurance Act in Ontario established this deductible years ago, subject to annual adjustments for inflation. Presently set at $44,367.24, this deductible sets a crucial threshold. Should your pain and suffering award fall short of this amount, no compensation for pain and suffering would be forthcoming.

For instance, consider an award of $44,000.00. In this scenario, the recipient would unfortunately receive nothing for pain and suffering due to the sum falling beneath the deductible threshold.

During trials, the jury remains uninformed about this deductible; lawyers are prohibited from informing them of its impact. This limitation potentially leaves jurors unaware that their granted award won't entirely benefit the injured plaintiff.

Nevertheless, this deductible doesn't signify the finality of your claim. Collaborating with an experienced personal injury lawyer becomes paramount in maximizing compensation and substantiating injuries that often surpass the deductible.

Several critical considerations emerge:

1. Assessing Injury Severity: The gravity of injuries profoundly influences pain and suffering awards. Severe injuries, leading to enduring disabilities or substantial pain, often transcend the deductible threshold. Understanding the holistic impact of injuries is pivotal in fortifying your case.

2. Documentation: Comprehensive medical records, expert testimony, and evidence showcasing the accident's impact on your life form essential components. These elements construct a narrative underpinning the genuine extent of your pain and suffering.

3. Negotiation Expertise: A proficient personal injury lawyer adeptly navigates negotiations with insurance companies, striving to secure the most favorable settlement within the deductible confines.

In conclusion, while the obscured deductible on pain and suffering awards in car accident cases in Ontario might instigate dismay, it should not deter you from pursuing rightful compensation.

At Deutschmann Personal Injury Law, we stand committed to unraveling legal complexities and aiding you in securing the compensation indispensable for rebuilding your life.

Remember, we are here to support you every step of the way. If you or a loved one has experienced a car accident in Ontario, please don't hesitate to reach out. Your rights are of utmost importance, and together, we can champion the cause of justice.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.