SIDHUINJURY LAWYERS
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What Is My Claim Worth? Why No Honest Lawyer Answers That on Day One

Money

The number depends on facts nobody has yet, and anyone who gives you one before those facts exist is selling a retainer.

THE SHORT ANSWER

The value of an Ontario injury claim depends on whether the injury is permanent, its effect on earning capacity, the cost of care over a lifetime, and the statutory deductible. None of those can be assessed reliably in the first weeks after an injury.

The four things that actually decide it

Whether the injury clears the statutory threshold. What it does to your ability to earn, now and for the rest of your working life. What care, treatment and equipment will cost over time. And the statutory reduction applied to pain and suffering.

Only the last of those is arithmetic. The other three are evidence, and evidence takes months to develop.

Why the same injury produces different outcomes

Two people with identical injuries can have very different claims. A back injury that ends a trades career is a different case from the same injury in someone who works at a desk and returns in six weeks.

The injury is the starting point. What it costs you is the claim.

What a quoted figure really tells you

A specific number offered at a first meeting is not an assessment, because no assessment is possible yet. It is a sales technique, and it usually sets an expectation that has to be walked back later.

What you should get instead is an honest description of what is arguable, what is not, and what evidence would move it.

Deadlines that apply to you

These are the dates that end claims. Check them first.

To recover for pain and suffering after a motor vehicle collision, the injury must have caused death or a permanent serious impairment of an important physical, mental or psychological function.

Insurance Act, R.S.O. 1990, c. I.8, s. 267.5(5)

COMMON QUESTIONS

Questions we get every week

Not responsibly, not before the medical evidence exists. What we can do is tell you what determines the range and what would move it.

Because it wins retainers. It also produces disappointed clients when the real assessment arrives.

Generally once the medical picture stabilises, which is months in a simple case and considerably longer where the injury is serious.

Written by

Shawn Sidhu, personal injury lawyer

Shawn Sidhu, Lawyer

Called to the bar in British Columbia, 2013

University of British Columbia · University of Birmingham

Free tool

See what Ontario takes off an award

The statutory deductible removes a fixed amount from most pain and suffering awards before you see anything. Move the sliders and watch what it does to figures you choose.

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