Can I, or my family members, sue for pain and suffering?
If you are seriously injured, you have the right to sue the person who was at-fault in the accident for pain and suffering. Any compensation that you receive for pain and suffering is subject to a $30,000.00 deductable* by the insurance company. It is very important to remember that any court action must be started within 2 years from the date of the accident. To be able to sue for pain and suffering, the injury must result in death, permanent serious disfigurement, or permanent serious impairment of an important physical, mental or psychological function. This is sometimes referred to as the "verbal threshold." In addition family members may sue for the loss of companionship, care and guidance they have suffered as a result of injuries to you under the Family Law Act. These claims are subject to a $15,000 deductible.
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