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| quote: | Originally posted by Moral Hazard
Ahh, the famed verbal threshold....
In Ontario, you only have a right of action for non-pecuniary damages (pain and suffering) due to injuries sustained in an automobile accident if the injuries meet the one or more of the following thresholds:
1) death
2) disfigurement
3) permenent and serious impairment of an important physical, psychological, or mental function.
The problem we have is in defining "permenent and serious." |
You can still sue for economic losses even if you don't meet the verbal threshold.
I remember one case....an old lady use to go for walks every night with her husband for an hour but years after the accident she could only go for shorter walks. The jury felt this was a permenent and serious injury and therefore, she met the criteria for verbal threshold.
When it comes down to it a sympathetic victim against the big bad insurance company will win if its a borderline call.
IMO, the verbal threshold should be equal to a catastrophic injury. If you don't qualify for a catastrophic injury under the Accident Benefits claim then you don't meet the threshold. The definition of what a Catastrophic injury is clearly laid out and there are medical tests to confirm if you meet those criteria....takes the guess work out of the hands of a jury.
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| quote: | | Scott has been introduced to the rave scene, and Ecstasy, by Craig. The two of them go out on the weekends, with some of Craigs friends, and stay up all night, dancing in a drug-fueled trance. |
Last edited by Moral Hazard on Apr-26-2011 at 07:48
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