pain and suffering motor vehicle accident claims in ontario
TRANSCRIPT
Ontario-based personal injury law firm Neinstein & Associates maintains a long history of achieving results for its clients, including in motor vehicle accident (MVA) cases. Founder and owner of Neinstein and Associates Gary Neinstein commands nearly 45 years of experience practicing law in the Toronto area. A member of the Queen’s Counsel, Mr. Neinstein has served clients in more than 300 jury and non-jury trials.
In Ontario, the legal system limits MVA-related tort actions to some of the more serious claims; a tort refers to a civil wrongdoing. The province maintains a no-fault scheme used to identify the legality of MVA tort claims. Under this scheme, the plaintiff must meet two criteria to sue for pain and suffering. These criteria, known as verbal thresholds, are:
1. The plaintiff sustained a serious and/or permanent injury. The injury must have impaired him or her mentally, physically, or psychologically; or resulted in serious or permanent disfigurement; or caused death.
2. The cost of injuries must exceed a
$30,000 deductible.
Plaintiffs may also sue for financial losses
in addition to pain and suffering.