One of the trade-offs the insurance industry negotiated before it accepted the “no-fault” accident benefits scheme was a limitation on accident victims’ right to sue for pain and suffering and health care damages.  In order to succeed as a plaintiff, you must prove on the balance of probabilities (“more likely than not”) that you have suffered a permanent, serious impairment of an important physical, mental or psychological function.  Less often, you can demonstrate a permanent serious disfigurement.  This limitation is known as the “threshold” and is used routinely by insurance defence lawyers to pressure plaintiffs, and particularly those of you suffering from chronic pain conditions or mild traumatic brain injuries, into settling for less than your cases are worth.   They will claim that there is no objective evidence that you meet the threshold. As a result, a judge will not allow any award for pain and suffering or health care at trial. And, they will claim, you will end up with nothing or even owing the defendant money for legal costs.

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