What Is Injury Threshold and When Does a Plaintiff Meet One?


The injury laws of Ontario are a bit different from the other states of Canada. Here, if you get injured in an accident due to the negligence of some other person, he or she does not automatically become responsible for your pain and suffering. However, Many serious injury lawyers in Toronto pointed out that if your pain and injury go beyond the threshold defined under the law, then you can hold the negligent party responsible for the damages.

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You, however, have to prove that the injury does meet the threshold to pursue the claim. If you are a bit confused about the whole issue, keep on reading.

What Is The Injury Threshold?

The injury threshold is the factor that the courts apply to determine whether the accident victim is eligible for the non-pecuniary damages. These damages are not directly related to financial loss.

Ontario’s Insurance Act considers the following factors as the threshold for claiming damages.

  • Death
  • Permanent and serious disfigurement
  • Permanent serious disfigurement of an important mental, physical and psychological function.

If your injury does not meet the threshold level, then you will be unable to claim the damages from the negligent party. To get the claim, you must satisfy the judge about the seriousness of the injury. When determining the factor, the judge will take several factors into consideration. For example, the judge will check how the accident has affected your work and personal life.

Meeting The Injury Threshold

You need careful documentation of the injury and its impacts on your livelihood and life to claim the damages. The injury must create a hindrance for you to take part in any employment, recreational, social or household activities as you normally took before the accident took place. You also have to show that your injury is very serious, and it would be impossible for you to get fully recovered from the injury.

The problem is, even the gravely injured people fail to prove the seriousness of the injury to the court due to some minor mistakes in documentation. That’s why you should hire serious injury lawyers in Toronto to make sure that you can avail the claim.

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While meeting all these requirements is not a matter of joke, an experienced lawyer can help you in that. The lawyer would help you to showcase the significant and meaningful difference the accident has created in your life.

The lawyer can direct you to gather the right documents and make sure that you have all the test reports and doctors’ evaluations before you appeal to the judge.

Types of damages You Can Pursue

If you can prove in court that your injury does meet the threshold, then here are some of the factors for which you can claim compensations.

  • Future Medical Care
  • Lost Wages
  • Physical or Mental Abilities
  • Future Earning Capacities
  • Emotional distress
  • Enjoyment of Life

However, you should know that there is a deductible for non-pecuniary damages. You can find the deductibles under section 267.2 of the act. However, deductibles can vary each year.

If you have been in an accident and still suffering from injuries, you should get in touch with experienced serious injury lawyers in Toronto. Before hiring the lawyers, get in touch with them and talk to them to know whether they can help you to get the claim.