19 Jan Your Legal Rights if You are Injured in a Motor Vehicle Collision
In Ontario, if you’re injured in a motor vehicle collision and another person is at fault, you may be entitled to sue for compensation with respect to the losses you have suffered, including:
- Loss of income
- Pain, suffering and loss of enjoyment of life
- Health care expenses
- Other losses
Can I Sue for Loss of Income Caused by a Car Accident?
If you have lost income, are unable to work or can only work in a reduced capacity as a result of the collision, you are entitled to sue for lost income. You may also be entitled to recover Income Replacement Benefits under the no-fault benefits of your own auto insurer.
There is no minimum amount of income that must be lost or any threshold that must be met to be successful in a lawsuit for lost income.
You are entitled to recover 70% of your gross income loss from seven days after the date of the car accident up to the date of trial. You are then entitled to recover 100% of the gross income loss that you will likely suffer on an ongoing basis into the future (subject only to income replacement from other sources, such as LTD benefits, etc.).
Income loss is not subject to any deductible.
Can I Sue for Pain and Suffering?
If you have suffered an injury in a car accident that is permanent and serious, you are entitled to damages for pain and suffering. The permanent and serious impairment can be either physical, mental or psychological.
The Supreme Court of Canada has ruled that the most a person can recover for pain and suffering in Canada is approximately $350,000 for the most serious injuries. This amount is then scaled down depending on the nature of the injuries sustained.
For pain and suffering awards less than $121,799, a deductible in the amount of approximately $36,000 applies. If your award exceeds $121,799, there is no deductible.
Can I sue for Health Care Expenses?
If you have suffered a permanent and serious injury caused by the motor vehicle collision, you can sue for the cost of medical care and treatment, including reimbursement for treatment you have already received as well as compensation for the estimated cost of treatment you will require in the future.
What other losses can be claimed?
You may be entitled to compensation for housekeeping and home maintenance services that you are no longer capable of doing as a result of your injuries.
Speak to one of our personal injury lawyers today to understand your rights and build a strong case in your favour.