FAQ Group: Threshold

What is “the deductible”? by Patricia Santucci

If your claim for pain and suffering meets the “threshold” there is a $30,000.00 deductible from the amount of damages that you would otherwise have received. There is also a $15,000.00 deductible for Family Law Act claims. The deductible is not applied if your pain and suffering damages award is $100,000.00 or more. In terms […]

What is “the threshold”? by Patricia Santucci

Your motor vehicle accident “tort” claim for pain and suffering must meet a requirement which your lawyer will refer to as the “threshold”. In order to meet this threshold, you will have to provide evidence to show that the injuries that you sustained in the motor vehicle accident have resulted in your death or your […]

How long do I have to bring a tort claim? by Patricia Santucci

You have two years from the date of your accident to sue the at-fault party or parties. If you miss the two year limitation period your claim cannot proceed unless you can prove that you brought the claim within two years of when you knew or ought to have known that your injuries met the […]

If I don’t meet the threshold, does that mean I have no case at all? by Patricia Santucci

Not necessarily. If your injuries are such that they do not pierce the threshold you may still have a case if you have sustained economic losses and housekeeping losses as a result of the accident. You do not need to meet the threshold for the purposes of economic losses or for a housekeeping claim and […]

I was in an motor vehicle accident; do I have a personal injury case? by Patricia Santucci

This is the most frequent question that people ask me. The real answer to this question is, “it depends.” No one really likes this answer but it is the truth. Whether or not you have a case is dependent upon the facts of your circumstances and those facts are as varied as life itself. Below […]