The purpose of this paper is to provide a general overview of the tort and the Statutory Accident Benefits Schedule – Effective September 1, 20101 (“SABS”) systems that apply to personal injury motor vehicle litigation. It must be kept in mind that each personal injury case is unique and circumstances or scenarios may arise that have special considerations which are beyond the scope of this paper. It is recommended that in each new case, a careful review of both the SABS and the Insurance Act2 be undertaken by the plaintiff’s lawyer.
When a lawyer is retained by a person who has been injured in a motor vehicle accident, a paramount concern for the client is what sources of compensation are available to them. This is because motor vehicle accident injuries can have a serious and debilitating effect on a client’s ability to remain in the workforce and earn an income. The client may also be faced with treatment, rehabilitation and care needs that are not funded through the Ontario Health Insurance Plan. Additionally, the plaintiff’s family members may have incurred pecuniary losses for services provided to the injured family member, including lost wages from work and out-of- pocket expenses.
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