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  • Statutory Deductibles and Value Put on Pain and Suffering: What You Need To Know

    October 7, 2017

    Brampton personal injury lawyers ensure that they always keep their clients fully informed about all changes in insurance and legislation that could affect their claim.

    When accidents happen, they affect not just the injured victim, but often the entire family. There are huge medical and rehabilitation expenses, coupled with the loss of income/wages if the person was employed. Apart from this, the emotional impact of the accident and the subsequent pain and suffering that the person undergoes can have a devastating impact on the victim’s present and future life.

    While it’s possible to calculate the exact amount in monetary value of lost wages and the medical/rehabilitation/treatment expenses, computing the value of pain and suffering is not such an easy task. The values have to be backed by robust evidence and demonstrable proof.

    Contact the nearest personal injury lawyer in Brampton to get the right kind of advice and assistance.

    What Are Deductibles?

    When the new Statutory Accident Benefit Schedule was introduced in 2010, it was intended to reduce currently available benefits for serious but non-catastrophic cases, regardless of fault. This schedule allows consumers to purchase optional benefits in case they become necessary.

    New changes introduced in August 2015 has resulted in a further reduction to the value apportioned to pain and suffering claims. The deductible is basically an amount that the insured person himself/herself pays towards an insured loss. When a claim is made, a certain specified amount is subtracted from the claim payment and this is known as the “deductible.” This is a form of sharing the risk between the policy holder and the insurance-company. The larger the deductible, the lower your premium.

    The regulations governing how deductibles are incorporated into the policy and how they’re implemented vary across provinces.

    The introduction of the no-fault insurance scheme in Ontario resulted in deductibles and thresholds both being incorporated into car accident policies. They were intended to limit the recovery made by accident victims so that the savings could be passed on to the consumer by way of lower premiums.

    New Changes Mean Higher Deductibles

    From 1 August 2015, all accidents will be subject to a higher deductible than the previous amount of $30,000. For personal injury claims, the deductible is $36, 540. Hence, if an accident victim is awarded $50,000 at trial, an amount of $36, 540 will be deducted automatically and the client receives only the remainder, out of which legal fees and expenses have to be paid.

    These deductibles are valid under December 2017, after which they will be increased each year.

    Another issue that is causing concern in the legal community is that some categories of insurance disputes will no longer be tried in a civil court. A number of disputes may now be heard by the License Appeal Tribunal (LAT).

    Our experienced Brampton car accident lawyers can help you to understand the complex medical, legal and insurance issues involved in pursuing a personal injury claim. We can ensure that your rights are protected and interests safeguarded.

  • Statutory Deductibles and Value Put on Pain and Suffering: What You Need To Know

    October 7, 2017

    Brampton personal injury lawyers ensure that they always keep their clients fully informed about all changes in insurance and legislation that could affect their claim.

    When accidents happen, they affect not just the injured victim, but often the entire family. There are huge medical and rehabilitation expenses, coupled with the loss of income/wages if the person was employed. Apart from this, the emotional impact of the accident and the subsequent pain and suffering that the person undergoes can have a devastating impact on the victim’s present and future life.

    While it’s possible to calculate the exact amount in monetary value of lost wages and the medical/rehabilitation/treatment expenses, computing the value of pain and suffering is not such an easy task. The values have to be backed by robust evidence and demonstrable proof.

    Contact the nearest personal injury lawyer in Brampton to get the right kind of advice and assistance.

    What Are Deductibles?

    When the new Statutory Accident Benefit Schedule was introduced in 2010, it was intended to reduce currently available benefits for serious but non-catastrophic cases, regardless of fault. This schedule allows consumers to purchase optional benefits in case they become necessary.

    New changes introduced in August 2015 has resulted in a further reduction to the value apportioned to pain and suffering claims. The deductible is basically an amount that the insured person himself/herself pays towards an insured loss. When a claim is made, a certain specified amount is subtracted from the claim payment and this is known as the “deductible.” This is a form of sharing the risk between the policy holder and the insurance-company. The larger the deductible, the lower your premium.

    The regulations governing how deductibles are incorporated into the policy and how they’re implemented vary across provinces.

    The introduction of the no-fault insurance scheme in Ontario resulted in deductibles and thresholds both being incorporated into car accident policies. They were intended to limit the recovery made by accident victims so that the savings could be passed on to the consumer by way of lower premiums.

    New Changes Mean Higher Deductibles

    From 1 August 2015, all accidents will be subject to a higher deductible than the previous amount of $30,000. For personal injury claims, the deductible is $36, 540. Hence, if an accident victim is awarded $50,000 at trial, an amount of $36, 540 will be deducted automatically and the client receives only the remainder, out of which legal fees and expenses have to be paid.

    These deductibles are valid under December 2017, after which they will be increased each year.

    Another issue that is causing concern in the legal community is that some categories of insurance disputes will no longer be tried in a civil court. A number of disputes may now be heard by the License Appeal Tribunal (LAT).

    Our experienced Brampton car accident lawyers can help you to understand the complex medical, legal and insurance issues involved in pursuing a personal injury claim. We can ensure that your rights are protected and interests safeguarded.

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