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Category Archives: Insurance Claim Lawyer

slip and falls

Car Accidents – Income Losses and Disability Benefits – How does it work?

In the recent case of Mazzucco et al. v. Herer et al, 2015 ONSC 7083, the Court analyzed the law in respect of deductions and set offs between disability benefits such as Canada Pension Plan (CPP) benefits and Long Term Disability (LTD) benefits and Income Loss damages where a disabled person received both. This case involved an injury victim seeking damages arising from medical malpractice. The Court decided on how deductions are applied when the injury victim receives both CPP and LTD benefits from past and future income loss. In this case, Mr. Justice Skarica stated that the following were existing legal principles in Ontario: Negligence damages are measured by actual loss. While there are some exceptions, “double recovery” is not awarded. One exception to the prohibition on …

Ottawa car accidents causing permanent and serious injuries – what is the deductible? Ouch! Ontario Law Hurts Injury Victims!

Injured in a car accident? better be a very bad accident, otherwise you will get little compensation in Ontario. In Ontario, if you are injured in a car accident, a award for “pain and suffering” is generally only available if you have suffered what is called a ‘permanent and serious physical or psychological impairment or permanent and serious scarring’. Once you meet that test, the insurance company is then entitled to apply what is called a deductible from any damages assessed, essentially they get to reduce the amount they have to pay for pain and suffering, in many cases by $30,000 (adjusted to today’s dollars – about $35,500). What is a “deductible” on pain and suffering? If you sue the car driver who caused you injury and you …