How Can A Plaintiff In Ontario Get Compensated For Pain And Suffering?

Residents of Ontario feel assured of financial assistance after being involved in a motor vehicle accident. Yet some problems demand more than immediate access to funds. Those are the problems caused by the victim’s pain and suffering. Financial assistance does not always help a victim to deal with pain. There are other complications, too, that can add to a victim’s suffering.

Examples of conditions that cause pain and suffering

• Trauma, such as PTSD
• A permanent bodily injury, such as scaring
• The feeling of grief that accompanies the death of a loved one
• A condition that limits the activities of the affected victim.
• A condition that shortens the victim’s life.
• Phantom pain: That is produced when a painful limb has been amputated.

Why such conditions can be a particular problem in Ontario?

According to the law in Ontario, the victim of an auto accident can receive no more than $1,000,000 for any related pains or need to suffer. Faced with the existence of that cap, a victim has 2 options.

An Injury Lawyer in Stouffville can try to maximize the available benefits, but sometimes that does not furnish the victim with a sufficient amount of help. If that proves to be the case, the same victim must give thought to suing the responsible party.

Factors considered by the court, if the victim does sue the responsible party:

• What evidence does the victim have to support his or her claim?
• What is the nature of the victim’s injuries?
• Did the victim have any pre-existing conditions?
• How did the injury affect the victim’s ability to enjoy life?
• What was the diagnosis and prognosis that the doctor gave to the victim?
• How long have the symptoms been apparent?
• What information exists in other cases, where victims had a similar condition?

Are there any possible future issues? For instance, does it look like the injured victim could later find it difficult to earn a living? What source of income might such a person have to seek, as an alternative to a paying job?

Factors to consider, if injury has forced a request for long term disability coverage.

Policy holder can expect to have payments delivered monthly for 2 years. At the end of those 2 years, the policy holder might be asked to undergo special training. The insurance company wants to know if the policy holder can handle other jobs in the same industry. Eventually the insurance company will want to find out if the policy holder can handle any job in any company or industry. In other words, it is not easy to get disability payments for an extended period of time. In light of that fact, someone with catastrophic injuries should have the right to sue the guilty party.