Non-Pecuniary General Damages (Pain, Suffering, Loss of Enjoyment of Life & Family Law Act)
1. When can you sue for non-pecuniary general damages (pain and suffering)?
To sue for these damages you must prove that your injury "meets the threshold": This means that in order to recover damages for pain and suffering you must have sustained as a result of the accident either a:
2. What happens if your injury "meets the threshold"?
If your injury meets the threshold, you are entitled to an award of general damages subject to a $44,367.24 deductible. In cases where the general damages amount to $147,889.59 or more, there is no deductible.
3. Does the "threshold" apply to non-automobile defendants? (i.e., mechanics, municipalities, taverns, etc.)
No. The threshold only applies to the extent that your injuries were caused by the negligence of other drivers and/or owners of motor vehicles.
Family Law Act - Damages
4. Do family members have the right to sue?
Yes. Family members may sue for loss of care, guidance and companionship, although such claims are subject to a $22,183.63 deductible.
Loss of Income
5. Does the "threshold" and the deductibles apply to loss of income?
No. They only apply when you are suing for non-pecuniary general damages.
6. How soon will you begin receiving loss of income?
You cannot receive any loss of income for the first 7 days after the collision.
7. How much income loss may be received before and after the trial?
Before trial, you are entitled to 80% of your net loss of income (less any accident benefits which are received). After trial, you can receive 100% of your gross loss of income, less any accident benefits or other collateral benefits paid by your own insurance company or disability insurance provider.
Health Care Expenses
8. What health care expenses may be claimed in tort actions?
If you have sustained an injury that meets the threshold, you are able to claim the cost of all medical and rehabilitation expenses incurred as a result of your accident, in excess of amounts paid or available from your own insurer.
Other Pecuniary Losses
9. What are other pecuniary losses?
A common example of "other pecuniary losses" is the cost of hiring somebody to perform your daily activities (i.e., household chores) that you are no longer capable of doing because of your accident.