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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3 Commonly Asked Questions Regarding Personal Injury Claims

Have you been injured in an accident for no fault of your own? You are not alone because every day hundreds of accidents occur that lead to injuries and even death. However, you might be unaware of the fact that you are fully justified in asking for compensation. Although the legal term “personal injury” refers to injuries of an emotional, mental, or physical nature as opposed to property injuries or damages. It is classified as a tort lawsuit wherein one individual (the plaintiff) files a claim for damages, and alleges that their injuries were caused by another individual’s (the defendant) negligence.

What happens when I file a claim? If you file, you are the plaintiff and the party who caused your injuries, that you filed the claim against, is the defendant. There may be up to three lawyers actively involved in the case – one representing the defendant, one representing the plaintiff, and one representing the insurance company.

The first stage of the case is referred to as the “discovery” process, wherein facts are gathered in a number of ways such as depositions, documentation, interrogation, and so on. In many instances, a settlement is reached at this point, and the case does not go to court. Statistics show that very few personal injury actions ever make it to a court trial as it is. However, it is important that you seek professional legal assistance, because when you do not have a lawyer in your corner, you will never be compensated, as per your injuries, by the insurance companies. They will always offer you a low amount when you settle with them.

How much time do I have to file my personal injury claim? There are usually time limits; i.e., “statutes of limitations” that govern how long an individual has, before they may no longer file a personal injury claim. These time limits will vary from one state to another. However, if you miss the statutory deadline, your case will likely be thrown out of court.

If the court rules in my favor, how much will I be compensated? The amount of compensation awarded will vary from one case to the next. For instance, a person may be compensated for lost wages now, and in the future, medical bills, your physical pain and suffering, etc. You may also be awarded damages for any disability, or physical disfigurement that resulted from the accident, and your injuries.

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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