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How do I prove what my losses are from my car accident injuries?
If you have been injured in a motor vehicle accident for which another person is at fault, you may be able to sue that person and possibly recover for the following:
- Pain, suffering, and loss of enjoyment of life;
- Loss of income, both past and future;
- Housekeeping expenses, both past and future;
- Any health care expenses;
- Other out of pocket expenses.
In addition, certain family members may also have a claim under the Family Law Act, R.S.O. 1990 c. F.3, as amended.
To recover for damages for pain and suffering and loss of enjoyment of life, your injuries must meet the statutory threshold as set out in the Insurance Act, meaning that you must suffer from permanent serious impairment of an important physical, mental, or psychological function. In addition to meeting the threshold, damages for pain and suffering are subject to the deductible which is currently $37,983.33 for claims worth less than $126,610.07. If a claim exceeds $126,610.07, the deductible no longer applies. The deductible is subject to yearly increases.
Lisa Fraser advises that as an injured party, you need to show that the accident caused your injuries and that your symptoms have not been caused by any pre-existing health condition or subsequent accident. Your previous medical history, your motor vehicle accident, and any subsequent accidents or injuries are all important considerations in determining potential compensation following an accident.
To assist in establishing what your injuries are and to ensure that you receive the appropriate treatment, Michelle Durnez advises that you should report your injuries and symptoms to your health care provider promptly following an accident. It is important that you report all of your symptoms to your healthcare provider, both physical and psychological.
If you have been injured in a motor vehicle accident, contact one of our personal injury lawyers to discuss what you may be entitled to.