In the August 31st, 2021 article, "Shhh! Don't show this article to a jury in a vehicle accident lawsuit", insurance industry magazine Canadian Underwriter cites the expert opinion of Campisi lawyer Nathan Tischler in a story about motor vehicle accident tort claims. In the context of a recent lawsuit, writer Greg Meckbach highlights this fact to which jury members are often oblivious: that a statutory deductible of almost $40,000 exists for pain and suffering in these cases.
In other words, any amount awarded to a plaintiff that is $39,754.31 (to be precise as of January 2021) or less will go directly towards this deductible with nothing leftover. Furthermore, as Meckbach points out, "the general practice in tort claims is to not tell juries" about the deductible. It could even result in a mistrial if a plaintiff's lawyer shares this important information with the jury.
As a result, Tischler explains, the jury may think that "$20,000 or $30,000 is a lot of money for pain and suffering...and they don't realize that the victim is getting nothing, even if they are not at fault for the accident."
Campisi's Tischler is leading efforts to change the system for the better for accident victims. He is proposing an amendment to eliminate the use of juries in civil lawsuits, so that these trials would take place before a judge alone. In their position, judges are aware of how insurance law and the statutory deductible operates.
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