When someone is injured in a motor vehicle accident and wishes to obtain compensation for their injuries, they must prove that they have suffered a permanent serious disfigurement OR a permanent serious impairment of an important physical, mental or psychological function. This definition is found in Ontario’s Insurance Act, section 267.5. This provision of the Insurance Act was and still is the subject of many court decisions. The definition is also detailed in the regulation Court Proceedings for Automobile Accidents That Occur On or After November 1, 1996, O Reg 461/96.

So, what qualifies as “serious impairment” and “permanent impairment”? The question seems simple, but it is not. It depends on the injured person’s circumstances, the seriousness of the injuries, but also whether there are persisting symptoms and impairments.

For example, a simple bruise or cut would not qualify as a serious and permanent injury and therefore would not surpass the Insurance Act’s threshold. However, if the laceration is deep, required several stitches, was the cause of an infection which required significant medical attention and treatments, then it could be considered as a serious injury.

For an impairment to be considered permanent, the injury must not be expected to resolve or improve any more than it has during the recovery process. After a certain length of time after the injuries are suffered, medical experts are often able to tell whether an injury is likely or not to improve or resolve in the foreseeable future.

A broken wrist with remaining pain, limited range of motion and stiffness could be considered to have caused a serious and permanent impairment. A concussion with long-lasting symptoms could also be considered to have caused a serious and permanent impairment. A person who suffers a spinal cord injury and becomes paraplegic would obviously be considered to have suffered a serious and permanent impairment. The key here is that these injuries have residual effects that have an impact on the quality of life of the person, and would not be expected to improve in the foreseeable future. To determine whether an injury will improve or not, it must be given time to heal and reach a maximum recovery point. This can take months or years.

You do not need to wait until you have reached that point before talking to an injury lawyer. The Limitations Act provides that an injured person has 2 years from the date of the collision to start a court action to claim compensation for their injuries. Past this deadline, it can be very hard, even impossible to obtain compensation.

Back to the Insurance Act’s threshold. If a person cannot prove that their injuries have caused them a serious and permanent impairment, they may not obtain any compensation for their pain and suffering or health care expenses. The wording of the Insurance Act provides that a person is responsible to pay for pain and suffering or health care expenses “unless, as a result of the use or operation of the automobile, the injured person has died or has sustained (a) permanent serious disfigurement; or (b) permanent serious impairment of an important physical, mental or psychological function.”

If you or a loved one has been injured in a motor vehicle accident, either as a driver, pedestrian or cyclist, we can help you navigate the process of claiming compensation. Book your free consultation today by calling us at 613-233-6898 or texting us at 613-777-0992. Get the information you need to understand your rights and to claim the compensation that you deserve.

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