There are some facts that your Toronto impaired driving lawyer should tell you. However, in case you didn’t hear this from him/her, you are lucky you are reading this article. For instance, did you know that in Toronto the liability of ‘pain and suffering’ doesn’t automatically apply to a negligent driver?
According to the Toronto insurance act, a driver will not be accountable for such damages. However, there are two exceptions that he may be liable. One is where the victim suffers a permanent and severe disfigurement. The second one is where the victim suffers serious and permanent impairment of an essential physiological or physical function. Did your Toronto impaired driving lawyer tell you all these. Learn more here.
- Severe Accident: Driver Dead and Passengers having Serious Ankle Fracture
Let us consider an example where Toronto Courts handle the cases of threshold motions. The primary complainant of this case was completely injured who was travelling in his uncle’s truck. At that time, two other persons were coming back from hunting. Both the driver and the passenger fall asleep and an accident happen. The truck runs over other vehicle coming from front. The driver had spot death and the complainant has serious ankle fracture that will lead to major surgery. According the healthcare professional, this ankle fracture can cause ankle arthritis in future. Apart from this, he claimed to have Post-Traumatic Stress Disorder (PTSD) along with lower back pain.
- The Victim Has Become Permanently Impaired to Work Anymore
According to the regulations of Toronto insurance standards, there are certain regulations for defining these above impairments. The impairment can influence the victim’s capabilities in order to carry out his/ her previous employment, training and day to day activities. Apart from this, the impairment is required to be permanent in nature. The Court didn’t consider complainant’s medical issues as permanent impairments. The Court emphasized on the victim’s ankle fracture. According to the Toronto impaired driving lawyer, the complainant had limited capability for lifting weights, climbing and walking. In fact, his condition was expected to become worse in future and that may compel him to leave his job. Based on these above facts, his medical issues are considered as permanent impairments.
- Clauses of Toronto insurance Companies
According to the insurance standards, the injuries can be considered as permanent impairments if that will affect victim’s daily living. On the other hand, Court also gets convinced that, this injury can’t be included in the category of permanent impairments till it will not influence the daily living. His two activities hunting and fishing can be hampered by this injury. But as hunting can be done only at specific time in a year, hence hunting and fishing can’t be said as daily activities.
- Contact Us in Case of Any Accident
If you have any accident in Toronto, then contact us for all sorts of legal consultations. We do have different experienced Toronto impaired driving lawyers for you.