The Threshold Test in Personal Injury Cases in Ontario

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To acquire compensation for your injuries due to a car accident in Ontario, you must go through a challenging legal process.

As a plaintiff, you’ll be required to prove that your injuries breach the minimum threshold to obtain a settlement.

So, What’s the Threshold Test?

If an individual wants to recover general losses, aka non-pecuniary losses in a car accident lawsuit in Ontario, they need to satisfy the ‘’Threshold Test’’. To pass the test, you need to provide the government with a balance of probabilities that your pain and injury are serious and permanent.

It’s fundamentally a medico-legal subjective test conducted by a judge to evaluate an individual’s case for ‘pain and suffering.’

The Injury Threshold

The court uses the injury threshold to identify if an individual can recover non-pecuniary damages. These damages aren’t associated with their monetary losses. According to Ontario’s Insurance Act, the threshold is disfigurement or impairment of an important psychological or physical body part, function, or death.

If an individual’s injuries don’t reach the threshold level, they can’t recover the non-pecuniary damages.

What You Can Do

To prove your injury is serious, you need to pay attention to the documentation procedures. An experienced personal injury lawyer may help you understand the type of documents you may need to prove your point in the court and demonstrate how the plaintiff’s life has been impacted.

The plaintiff must prove that their injuries prevent them from engaging in the social, recreational, physical, and employment activities they engaged in earlier. They also need to demonstrate a difference in their ability to participate in these activities and how it has impacted their lifestyle.

A personal injury lawyer who has dealt with these cases can tremendously help you collect necessary documents, including but not limited to your diagnostic test results, a medical report from your present doctor, and your medical records.

Let us Help!

Whether you want to obtain compensation or settlement for your loss during a car accident or you got injured in a workplace accident, you need to go through the threshold test.

 legal consultancy servicesGet in touch with an experienced personal injury lawyer or car accident lawyer effectively deal with your case and avoid legal complications.

At Nanda & Associate Lawyers, we have a team of experienced and highly qualified car accident lawyers, personal injury lawyers, family lawyers, divorce lawyers, immigration lawyers, and real estate lawyers on board who can help you navigate Canada’s legal system.

Contact us to learn how we can help you.

Disclaimer: This article is only for educational purposes and shouldn’t be used as a substitute for legal advice.

 

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