If you are a loved one was recently injured in an accident caused by a business or other individual, you may be wondering what your case is actually worth. In a personal injury lawsuit, it usually comes down to determining what your injuries have cost emotionally, financially, and physically or “damages” as this is more commonly referred to. In the earlier stages of a case, it is difficult for an injury lawyer in Brampton and his or her legal team to assess damages.
In most cases, the actual cost of your injuries cannot be determined until the cost of your stay in the hospital and medical expenses as well as rehabilitative therapy and other costs associated with your accident are known. Because of the different types of damages that could potentially be assessed, personal injury lawsuits are oftentimes very complex. In Ontario Province, the courts recognize two distinct types of damages in personal injury cases – pecuniary and non-pecuniary. Here is how they differ.
Pecuniary damages – financial awards that are commonly referred to as economic, punitive, or special damages. In order to be awarded pecuniary damages, the claimant and their injury lawyer in Brampton must prove that they’ve experienced economic losses because of their accident and injuries. Examples of pecuniary damages include:
• Attendant and rehabilitative care
• Emotional distress
• Hospital and medical expensive
• Loss of income (both past and future earnings)
• Loss of opportunity
• Property loss
An injury lawyer in Brampton will assess these damages by calculating the quantifiable losses involved in your particular circumstances. There are multiple considerations that are looked into when the lawyer is trying to gain an insight into the amount of damages that you can claim. A lot of evidences, proofs and documents need to be submitted as the defendant’s lawyer would not back down easily. The specific amount awarded is determined by proving these economic losses. That is why it is important for the defendant and the plaintiff to consult an injury lawyer.
Non-pecuniary damages – more commonly referred to as “general” damages. These are awarded to claimants who have grounds for losses of a non-economic nature such as the loss of companionship, loss of consortium, and pain and suffering. In 1978, the Supreme Court of Canada placed a cap on the amount of compensation awarded for a person’s pain and suffering. It was originally $100,000 but has been adjusted to slightly more than $300,000 because of inflation. However, that amount is specifically reserved for those individuals that have sustained catastrophic injuries, such as spinal cord and traumatic brain injuries.
