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Privacy is an important issue for everyone, and Plaintiffs must understand that beginning a lawsuit for personal injuries will lead to a loss of some privacy. As mentioned in previous posts, medical and employment records are always collected as part of a personal injury case. Your pre-accident health and employment status is something the Defendants have a right to know.

A common issue raised by clients in personal injury claims is how their close relatives or co-workers will be involved in their lawsuit. A close relative can sometimes bring a claim pursuant to the Family Law Act which has its own set of risks and rewards that should be discussed with a lawyer. This article is going to focus on those who do not bring a Family Law Act claim.

The threshold is a test used by the court to determine whether an accident victim should be allowed to recover money for pain and suffering, also known as “general damages”. The threshold is sometimes a controversial test, because even in a jury trial it is decided by the judge after the verdict has been delivered. Therefore, a jury may award a large amount of money but if the judge disagrees, and the Plaintiff fails to ‘meet’ the threshold, they will not be entitled to the money awarded by the jury. According to the Court of Appeal, “The legislation is clear: the judge must decide the threshold motion, and in doing so, the judge is not bound by the verdict of the jury.” (Kasap v. MacCallum, 2001 CanLII 7964 (ONCA))

If you have sustained an injury that is the result of the negligence of another person, you could have an action for damages. Your entitlement to damages begins at the moment you suffer your loss. However, as anyone who has brought a lawsuit before knows, you will not get paid for a long time.