As soon as an accident occurs to an individual, the first question that comes to one’s mind, “should a get a 100% claim?” As medical procedures are very expensive including the loss of income in the days of injury, a person always desires 100% compensation. In most cases the expense cannot be actually defined unless the entire treatment is done and the person is able to lead a normal life again, if not the worse happens.
In an accident, slip or fall, there are two parties: – The injured (Plaintiff) and the party at fault (defendant). In most cases the defendant has to compensate before any trial takes place but in some, the defendant has time to prove he or herself innocent. In Ontario, Canada, 90% of these accident cases are solved before trial.
The main types of Damages that incur in personal Injuries are;
- Medical treatments
- Pain and suffering which might include deaths, serious and permanent disfigurement.
- Housekeeping and home maintenance
- Property loss
- Family member claims
These damages occur to any plaintiff irrespective of any type of accident or whose fault is it. The medical costs can be claimed but the pain and sufferings are valueless. Over the top, the priceless time of spending with one’s dear ones cannot be paid for as this may extend from months to years. However the income loss and property loss can be compensated for.
The Family Law Act (FLA) in Ontario has certain restrictions on the Personal Injury claim i.e. there is a deduction of $15,000. However if the claim exceeds$50,000 then this deduction is not valid. This deduction also does not apply where death occurs. The Supreme Court of Canada has granted an amount of $340,000for the most serious type of injury which requires operative or transplantation cases. However the pain and sufferings are unaccountable for as monetary compensation can never eradicate mental trauma. However there is a limit called “threshold”. If the plaintiff’s suffering exceeds that limit, then only he or she gets the compensation of suffering.
The INS of the Personal Injury Claims are:
- Actual expenses that are bearded by the plaintiff to recover him from the traumatic situation are compensated by the defendants.
- Money damages are also paid which has occurred due to loss of income in that certain period of time.
- In case of deaths, the funeral costs are bearded in these claims.
- A certain amount of travel allowance is granted for the other members of the family to visit the injured to morally strengthen him/her thus helping the person to recover faster.
- A cost of the services required by the injured such as nursing is also paid by the at-fault party.
The Outs of these claims are:
- The actions of the injured (plaintiff) matter a lot for the claim to get the maximum amount. Ontario keeps this point that negligence of the injured party is very much punishable and hence the compensated amount reduces considerably for the same.
- If the plaintiff is without a helmet, 10% to 15% compensation is reduced.
- If the plaintiff was without a seat belt it reduces to further 15% to 25%.
- That who was in drugs or was alcoholic at the time of accident has to lose 25% to 45% of their total compensation.