Every car accident case in Ontario has three major components:
Without a personal injury lawyer establishing all of these components, the personal injury case will fail. Meaning, that if Defendant successfully refutes, or creates sufficient doubt to surpass a balance of probabilities, the Defendant will win the case. As a plaintiff personal injury lawyer, you don’t want to see that happen.
In addition to these three pillars of personal injury law, your Ontario personal injury lawyer also must overcome the following rules at trial which CANNOT be shared with the jury:
- The Threshold for General Damages (did the injured accident victim sustain a serious and permanent impairment of an important bodily function)
- The Deductible aka the secret credit. The current deductible stands at $38,818.97 for any award for general damages below $129,395.49. The effect of the secret credit is that the Defendant insurance company does NOT NEED TO PAY THE FIRST $38,818.97 of any award below $129,395.49. We here at Goldfinger Injury Lawyers refer to the deductible as the secret credit because plaintiff lawyers are NOT ALLOWED TO MENTION THE DEDUCTIBLE AT TRIAL. So if a Jury intends to award a Plaintiff $50,000 in general damages for pain and suffering, that award automatically gets reduced to just $11,181.38 which is a 76% reduction in value from what the jury originally intended to award! On what planet do we automatically strip the will of the jury by such a large proportion?!?!? One final note on the secret credit. How many jurors to you think earn $38,818.97/year after tax. The median individual income in Ontario sits just $27,600.