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Posts Categorized: pain and suffering

Man gets 6 months in jail after hitting horse-drawn buggy

On May 1, a 36-year-old man pleaded guilty in connection with an accident that injured three men and killed a horse. The Ontario Court of Justice sentenced the man to six months in jail and one year of probation for the charges. As a result of the probation, the man’s DNA was put on record, he may not sit in the driver’s seat of any motor vehicle and he must undergo councelling.

The car accident happened on May 11, 2013, in Dundalk.… Continue Reading

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5 hospitalised after Ontario head-on accident

Hamilton police and firefighters say that five people were sent to hospitals after a head-on accident on March 23. The motor vehicle accident, which involved a car and an SUV, took place on Wilson Street near Alberton Road at about 12:30 p.m.

Officials did not give any details as to how the accident happened, but the section of road was shut down while the collision reconstruction unit investigated the scene and cleanup crews cleared the wreckage. They are still trying to determine if alcohol or speed contributed to the car accident.… Continue Reading

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Is a Fractured Left Knee a Serious and Permanent Injury?

The Issue

In order to recover pain and suffering damages in Ontario, if challenged by the defendant insurer by way of threshold motion, you have to prove that your injuries are a “permanent serious impairment of an important physical, mental or psychological function”.

If as the plaintiff you do not prove your case or surpass this threshold test, then you will be denied the ability to collect pain and suffering damages for your injuries.

Why This Matters

Insurance companies are only required to pay pain and suffering damages to people hurt in Ontario car accidents if the plaintiff’s injuries surpass the Bill 198 threshold described above.… Continue Reading

Punishing An Accident Benefit Insurer > $25,000 in Mental Distress Damages

The Issue

In Ontario car accidents, in most cases you will be entitled to receive Accident Benefits no matter who caused the accident.

But what if your Accident Benefits insurer is unreasonable in addressing your claims?  What if they deny all of your requests, without justification?

Below we review a case that awarded an insured $25,000 for mental distress arising from repeated denials by her Accident Benefits carrier of her applications for benefits.

Why This Matters

Accident benefits are the most common claim arising from any car accident.… Continue Reading

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$50,000 for a Broken Ankle

The Issue

A simple case which values a nasty broken ankle for a (then) 34 year old man injured in a bar fight, which required surgery and the installation of a metal plate and numerous screws to set his injured ankle.

Why This Matters

This is one simple illustration of the type of factors considered by a Court when assessing the pain and suffering damages claims of a plaintiff.

Legal Speak – all cases are different, so you cannot apply a formula to any one injury. … Continue Reading

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Videotaping Medical Experts (Examining You on Behalf of the Opposing Insurance Company) – Part 3

Further to our September 15, 2010 blog and our October 27, 2010 blog, we discuss the ongoing caselaw on the issue of audiotaping or videotaping a defence medical assessment arising in a personal injury lawsuit.

In Bakalenikov v. Semkiw (2010 Ontario Superior Court of Justice), the issue of videotaping or audiotaping a psychiatry defence medical assessment is discussed, with an extensive analysis of the caselaw and effect of Rule 53.03.

Master Short notes that the objectivity of the proposed defence psychiatrist is challenged in this motion. … Continue Reading

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