Driving is becoming an increasingly risky practice in an era of technological distractions, mounting stress and more obligations packed into less time. Despite your best efforts, you can become a victim in a motor vehicle accident and if you or a passenger suffers an injury causing a permanent disability, disfigurement or death you may be able to initiate a tort claim against the liable driver for compensation for pain and suffering.
Proceeding with a tort claim requires that the injuries meet what is called the threshold, or the point at which the victim has endured and will continue to endure the legally set minimum impairment of function. A serious permanent impairment or disability, for example, can be the basis of a Threshold claim giving rise to compensation for pain and suffering. Other claims can be made which are not subject to the Threshold including past and future loss of income, loss of homemaking and home maintenance capacity and certain out of pocket expenses. The requirements necessary to prove a Threshold injury are numerous and complex. Expert evidence is necessary to prove that the injuries meet certain criteria and an experienced and skilled personal injury lawyer must oversee the entire process.
To establish in the early stages that an injury is serious and permanent and causes pain and suffering, impairment and disability, the victim’s legal representative needs to meet with and document the expert opinions of reputable medical practitioners. The representative needs to prove that the person’s injury has permanently caused a substantial impact on their usual daily activities or they have been forced to alter their career path. These potential Threshold claims will be carefully scrutinized by the defendant’s legal team.
A successful lawyer needs the tools and experience to establish a clear and compelling case in favour of their clients; that includes being able to anticipate and manage varying interpretations of the threshold precondition.
If you’ve suffered a serious car accident, it’s important to speak with an experienced legal representative. You may have a case for establishing a tort claim which can help you endure the painful change in your life.
