Do I Have a Case?

Deciding whether to sue an at-fault driver is a difficult decision. Litigation is long and often quite contentious. The right to sue is limited in Ontario by the Insurance Act, which requires an injured party to have suffered a permanent and serious impairment of an important physical, mental or psychological function. This requirement has been considered the “threshold” by lawyers acting for the insurers and plaintiffs and is largely driven by facts and medical opinions.

In considering whether you should pursue a claim for pain and suffering, it is important to consider the limitations on your life.

A permanent impairment does not necessarily mean forever. Rather, it means a weakened condition lasting into the indefinite future without end or limit. This needs to be supported by at least two medical doctors.

A serious impairment relates to the seriousness of the impairment to the person and not to the injury itself.

An important function looks at the level of impairments and the physical restrictions on an injured person’s life. Physical impairments including abilities to sit, stand, bend or walk are looked at. Cognitive issues such as one’s memory and concentration will also be considered in considering whether one can resume his or her activities of normal life.

It is important to consult with a lawyer immediately after a car accident in order to determine what your rights are.