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LAWSUIT AGAINST ANOTHER PERSON

Lawsuits against an at-fault driver or any other person who may have caused or contributed to your injuries are complex. Lawsuits can include claims for your loss of income, your health care expenses, your pain and suffering and the effect of your injuries on your family relationships. Some of these claims are further described below.

There are important notice requirements that effect your right to sue. It is required that notice be given of your intention to sue within 120 days of the accident. However, if the party you intend to sue is a municipal body then notice must be given within 10 days. There is also a 2 year limitation on your ability to sue another party involved in the accident.

Pain and Suffering Claim
To claim for pain and suffering you must have suffered a permanent and serious impairment of an important physical, mental or psychological function or a permanent serious disfigurement. Personal injury lawyers call this the “threshold test’ and whether you meet this threshold will be determined by medical evidence. A claim for pain and suffering that is less than $100,000 is also subject to a $30,000 deductible.

Loss of Income Claim
A claim for loss of income generally includes two components: (1) loss of income; and (2) future loss of income. Loss of income can be claimed up to 80% of your after-tax income loss. Future loss of income (that is losses projected into the future) can be claimed at 100% of your gross income loss. These claims are subject to deductibles such as amounts you’ve received or will receive from your accident benefits and amounts you’ve received or will receive from third party disability insurers.

This information is a brief summary for information purposes only and is applicable only in the Province of Ontario. It is not intended to be legal advice. Full and complete legal advice can only be given by a lawyer who has detailed information about your individual circumstances.