Defining Damages in a Personal Injury Lawsuit

Irrespective of the nature of your accident, if you have been injured in an accident, when it is not your fault, you deserve justice and compensation. Damages for personal injury cases in Ontario are usually classified in one of two categories – general or special. General damages include those costs that are less measurable in nature such as:

  • effects of character defamation
  • emotional or psychological distress
  • loss of consortium (the injured person’s inability to perform their traditional duties at home; refers to the loss of affection, companionship, and support in a relationship)
  • pain and suffering
  • wrongful death
  • disability

Evaluation of Compensation

Conversely, special damages refer to measurable costs, such as lost earnings, medical costs, and property damages. In the case of a personal injury tort, both general and special damages are oftentimes awarded to the injured party. However, the amount of compensation depends upon the level of the injuries. Some of the accidents can lead to partial or lifelong disabilities which require long-term treatment and recovery; such as permanent loss of employment and the reoccurring of medical costs.

Although compensation awarded in personal injury claims will vary from one case to the next, the amount awarded typically depends on the severity of the person’s injuries. Brain damage, broken bones, severed limbs, and other similar serious injuries can cause extreme or long-term physical pain and suffering. Therefore, cases involving these types of injuries usually result in the highest settlement amounts. Millions of dollars have been given in such cases.

In addition to the compensation received for their injuries, the individual may also receive compensation, if they are affected by their injuries over the remainder of their lifetime. For example, a person who is permanently disabled and cannot perform their job, because of their injury, will receive compensation that goes above and beyond their injuries. This is commonly stated as a claim for pain, suffering, and loss of amenity.

In other personal injury claims, the injured party may be the owner and operator of a business. In this case, damages are defined as the loss of business profits, and are assessed on a pre-trial and post-trial basis. These circumstances require the expertise of forensic accounting services that take a broad range of scenarios into consideration. This is done in order to calculate an estimate based on the objective data that is available. Call us today to discuss your injuries and we will be able to help you get justice.

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!

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