In order to receive compensation for pain and suffering in Ontario, you and your family need to demonstrate that you have met “the injury threshold.” If the threshold has been met and the amount of damages is deemed higher than $30,000.00, which is the statutory deductible, you will receive a settlement.
The Injury Threshold and Psychological Injury Claims
The injury threshold comes into play for psychological claims if someone sustains a serious loss to psychological function on a permanent basis. In order to be successful at receiving a cash award for your injuries, you will have to demonstrate that you meet the statutory deductible as well as the injury threshold.
Records to Support your Psychological Injury Claim
Keep personal records of symptoms to share with your lawyer and your medical team. A serious motor vehicle accident can lead to symptoms such as personality changes, memory loss and learning issues. Accident victims may also experience symptoms like sleep disturbances, nightmares, panic attacks, flashbacks, depression and anxiety.
These are important details that need to be taken into account when determining the appropriate amount of damages for your injury. You should also keep track of the dates you consulted your family doctor, as well as when you saw either a psychologist or psychiatrist regarding your psychological symptoms. Your lawyer will need to know the names of the specialists you consulted as well. Keep receipts for parking and any other expenses related to your medical appointments.
If you were referred to a support group for treatment for depression, anxiety or Post-traumatic Stress Disorder (PTSD), share this information with your lawyer. Keep track of the dates you attended the program and the name of the person who ran the group, as well as the physician who made the referral.
Your lawyer will be able to review your records and your account of your symptoms and advise whether you are likely to meet or exceed the injury threshold and the statutory deductible for collecting damages for a psychological injury in Ontario.
Protect your rights to compensation by calling 1-877-614-0008 to speak to the experienced personal injury lawyers at Conte & Associates. Based in Vaughan, Conte & Associates works with clients in Vaughan and in the surrounding cities of: Thornhill, Woodbridge, Concord, Kleinberg, Maple and Richmond Hill.
