Motorcycle Accident Lawyers Whitby Oshawa Ajax Pickering
How much money will you get for a motorcycle accident in Ontario?
That is a difficult question to answer. Ontario’s motor vehicle accident system is a lot different than some others like Quebec’s.
In Ontario there is no fixed amount for a particular injury. There are cases which lawyers and others can look to in order to determine a case’s fair value. However, the exact amount that the case is worth is based on individual factors. For example, if Wayne Gretzky (former professional hockey player) sustained a serious wrist fracture during the height of his career, the case would probably be worth more than if most lawyers suffered the same injury.
Other things that might have an influence on the amount would be the amount of pain and disability that the injury causes, the injured person’s age and any other factors that tend to make the injury and its effects worse.It should also be remembered that, in Canada, there is a cap on pain and suffering awards. The cap was subject to inflation when it was introduced by the Supreme Court in a trilogy of cases in the 1970’s.
It is now between $320,000 and $340,000. Remember that this means that a person that sustains the worst possible injuries is limited to claiming that amount for pain and suffering. One rationale for the cap could be that no amount of money can ever truly compensate somene for a severe injury.Of course, that does not mean that is the maximum total amount that they can claim. An injured person can also claim, in many cases, for other types of damages, including loss of income, future care costs, etc. These are not subject to a cap in most cases.
In motor vehicle accident cases, there are thresholds, deductibles and other limits. However, in motor vehicle accident cases, there is also the possibility of obtaining compensation and settlement through the accident benefits system.
The other issue is who is at fault for the motorcyle accident. Motorcycle accidents can be difficult to understand unless you have experience in them. You have to be able to understand why the motorcycle was travelling where it was and why the motorcyclist did what they did. Some lawyers do not understand where the motorcycle is supposed to be in the lane (ie: in the right, left or centre part of the lane) and do not understand why the motorcycle was on the ground when it hit the car (ie: because the motorcycle rider needed to lay the bike down when someone turned in front of it). Many of these cases involve drivers turning left across the path of the motorcycle, or otherwise blocking the motorcycle’s path. Experience is important in these types of cases.
Please feel free to call us with answers to any further questions or for a free, no obligation, consultation.