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An Ontario court has refused a plaintiff’s request to tell a jury about the statutory deductible, of nearly $40,000 for pain and suffering, in motor vehicle accident tort claims.
“The jury is not asked to determine how much the plaintiff is to receive. That is the role of the judge,” Justice Judy Fowler Byrne wrote in Rumney v. Nelson, released Aug. 19 by the Ontario Superior Court of Justice.
Provincial law stipulates that if a jury awards a motor vehicle accident plaintiff damages for pain and suffering, a certain amount has to be deducted. That amount is indexed to inflation.
As of Jan. 1, 2021, the deductible was increased to $39,754.31, wrote Judith Hull, London-based personal injury and disability lawyer with McKenzie Lake, in a blog post.
Let’s say your client is hurt in a car accident, sues another motorist and a jury awards $40,000 for pain and suffering. That client would actually get only $245.69 for the pain and suffering, once the deductible is factored in. Pain and suffering is also known as “non-pecuniary,” meaning it is not for actual economic loss such as medical expenses, lost income or future care.
The fact that this deductible exists (though not the amount itself) is enshrined in Section 267.5(7) of Ontario’s Insurance Act. The general practice in tort claims is to not tell juries about it.
The Rumney case arose Sept. 13, 2012 when a construction vehicle allegedly rear-ended a car. The plaintiff has named both the construction firm...
Read Full Story: https://www.canadianunderwriter.ca/claims/shhh-dont-show-this-article-to-a-jury-in-a-vehicle-accident-lawsuit-1004211791/
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