Issues to watch for Ontario Car Accident Injury Victims in November and December 2012
1. How will the Courts/Financial Services Commission interpret the new minor injury guideline (MIG) under Ontario’s accident benefits system? Will the exceptions be granted a broad interpretation? What happens to those who do not recover, do they (similar to the old PAF system) become entitled to increased benefits? Does a chronic pain or psychological disorder fall under the MIG?
2. How will the Courts/FSCO interpret the requirement that services be “incurred”, ie: that the service provider sustained an economic loss? Will a liberal interpretation be granted?
3. Will the drastic reduction in available accident benefits lead to more lawsuits by injury victims for housekeeping, etc. and expenses incurred even if the injuries resolve?
4. Will insurers on the side of at-fault motorists now face increased pressure to make advance payments?
5. Will the lack of insurance funding for assessments mean that smaller law firms will now face a funding crisis in trying to obtain necessary and costly expert opinions? Will smaller centres outside of Toronto Ontario – ie: Whitby and Oshawa (where less large law firms and lawyers are located) now face an overall reduction in their awards?
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