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ARTICLE · 03 JUNE 2024

Deducting Accident Benefits From A Tort Award: What Should A Jury Know?

Howie, Sacks & Henry LLP
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When a motor vehicle accident victim seeks pecuniary damages in a civil lawsuit, they are asking the court for three things: 1 to agree that they suffered a calculable loss 2 to decide that another party caused.

CanadaLitigation, Mediation & Arbitration
Victoria Yang
Victoria Yang
Joel Dick
Joel Dick
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When a motor vehicle accident victim seeks pecuniary damages in a civil lawsuit, they are asking the court for three things:

  1. to agree that they suffered a calculable loss
  2. to decide that another party caused this loss and is liable for damages
  3. to require that the liable party provide funds to compensate the accident victim for their loss

But what if the accident victim has been compensated for some or all of these losses through another source? Since it is against the law to receive "double recovery," benefits, including statutory accident benefits, that compensate a victim for some of their loss, a judge will calculate duplicate amounts and ensure appropriate deductions are made.

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