In Burlington where an individual is injured in a motor vehicle accident that was caused by another person’s careless, negligent, or reckless behavior, a personal injury lawyer can ensure that they are compensated for damages.  In most circumstances, when the defendant or at-fault party is legally responsible, an insurance company will compensate the plaintiff or person who has been injured in the accident.  The actual dollar amount is established before personal injury cases end up in court.


However, in Ontario Province, over 90% of all personal injury claims are settled out of court and never go to trial.  For the victim, this means that they will be receiving their settlement relatively soon, whereas they could be waiting for months or even years before their claim is settled by a judge and jury.  This is also true when you consider the fact that personal injury cases can be very complex and take years to resolve when large sums of damages are at stake.


Compensatory Damages


There are a number of factors that must be considered in these types of cases, one of the most important of which is compensatory damages or monetary compensation that is intended to make the person financially whole again.  While some compensatory damages are relatively easy to quantify such as reimbursing the person for their medical expenses, others are considerably more difficult to determine.  For instance, what is a person’s pain and suffering worth? From a legal perspective a personal injury lawyer in Burlington and their legal teams are skilled at quantifying these amounts.


Common Damages in Personal Injury Claim


While there are numerous types of damages, there are several that are fairly common throughout personal injury lawsuits including:


    • Attendant care
    • Family member claims
    • Home maintenance and housekeeping
    • Lost income including future income
    • Pain and suffering
    • Property loss
    • Reimbursement for current and future medical treatment expenses


If an individual sustained injuries in a motor vehicle accident, they will need to meet certain criteria or requirements, known as the “threshold”, in order to be awarded any damages for their pain and suffering.  In these types of personal injury cases, the injuries that a person has sustained must have led to one of the following:


      • death of the plaintiff
      • permanent disfigurement (amputation, scarring, etc.)
      • permanent impairment of important functions (physical and psychological)


If your pain and suffering claim meets the threshold listed above, it will be allowed. Talk with your lawyer about the amount of compensation you are eligible to receive. They will be able to judge the merits of your case and help you get the guidance you require.


The importance of hiring a personal injury lawyer to handle your claim cannot be overstated.  The assessment of damages is a key element in personal injury cases.  In Part II, you will find information on family member claims and how a plaintiff’s actions or in actions can impact the outcome of their personal injury case.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!