Personal injury cases in Ontario arising from motor vehicle collisions are often misunderstood. These misconceptions can prevent injured victims from asserting their legal rights or managing realistic expectations about their claims. Here, I address three of the most common misunderstandings.
1. Misconception: "I will get rich from my injury claim."
Reality: Personal injury compensation in Ontario is designed to restore an injured person to their pre-accident condition as much as possible, not to provide a financial windfall. Damages are carefully calculated based on actual losses, including medical expenses, lost income, and pain and suffering. For motor vehicle collisions, the Insurance Act imposes thresholds and deductibles on non-pecuniary damages (pain and suffering), which reduce the amount of compensation for less severe injuries. For example, in 2024, there is a deductible of $46,053.20 for pain and suffering awards valued under $153,509.39. Understanding these limitations is essential to managing expectations. For more information, please view "Statutory Deductibles and Thresholds 2024".
2. Misconception: "The at-fault party pays everything out of pocket."
Reality: Most compensation in personal injury cases comes from insurance coverage, not the personal assets of the at-fault party. For example, Ontario drivers are required to carry liability insurance, which covers damages up to the third-party policy limits. While there are exceptions (e.g., cases involving uninsured drivers), insurance companies are generally the ones defending claims and paying settlements or judgments.
3. Misconception: "I can sue anytime if I am injured."
Reality: Strict timelines govern when you can bring a personal injury claim. Under Ontario's Limitations Act, 2002, the standard limitation period is two years from the date of the injury or when the injury is discovered (or ought to have been discovered). For motor vehicle collisions, additional notice requirements apply under the Statutory Accident Benefits Schedule (SABS). Failing to meet these deadlines may bar your claim entirely.
Understanding these misconceptions is critical for navigating the complexities of personal injury law in Ontario. If you've been injured, seeking prompt legal advice can help you protect your rights and ensure your ability to recover maximum damages is protected.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
