It is harder than ever in Ontario for motor vehicle accident victims.
In 2022, for damages for pain and suffering, the statutory deductible was $41,503.50 and the threshold was $138,343.86. Currently, in 2023, the statutory deductible is $44,367.24 and the monetary threshold is $147,889.59.
What does this mean for victims?
If your case is evaluated by the court as falling below the monetary threshold then the statutory deductible applies for damages for pain and suffering. For example, if your case is evaluated at $140,000 then your gross settlement would be reduced to $95,632.76. Likewise, if your case is evaluated at $50,000 then your gross settlement would be reduced to $5,632.76.
This statutory deductible and monetary threshold makes it more than difficult on motor vehicle collision victims. What is worse is that during trial lawyers and judges are not allowed to tell the jury that this statutory deductible applies. This means that a jury thinks it is giving $50,000.00 to a victim of a collision, but instead, the victim is really just getting $5,632.76 for pain and suffering.
If you have been involved in a collision and have any questions about pursuing a lawsuit, we encourage you to contact us for a free consultation, as you may be entitled to receive the help you deserve. Contact us at JEWELL RADIMISIS JORGE LLP and a member of our team will be happy to assist you.