What Types of Damages Can I Claim in a Personal Injury Lawsuit?

When a victim suffers severe injuries in an accident, damages include medical bills, lost income, and long-term effects on daily living.

To know what type of damages you are entitled to in a personal injury lawsuit, one has to understand the types of personal injury damages one is entitled to under the legal system in Ontario.

No matter if your Ontario personal injury case involves a car accident, traumatic brain injury, or catastrophic injuries, an experienced personal injury lawyer can advocate on your behalf throughout the legal process and help you recover compensation for your economic and non-economic damages.

Following is a comprehensive discussion of the damages claimed in Ontario personal injury cases, and how a skilled legal team can help you get a fair award.

Understanding Damages in Ontario Personal Injury Law

In Ontario, the purpose of a personal injury claim is to bring the party who has been harmed, as close as possible, to where he or she would have been if the negligence had not occurred. Personal injury damages are provided by courts to compensate for economic loss, emotional distress, and pain.

According to the law in Canada, damages in personal injury cases are normally split between compensatory damages, which are aimed at making the injured individual whole, and punitive damages, which punish particularly egregious behaviour.

The majority of provinces, Ontario included, have the same legal principles guiding the awarding of the damage awards.

Your personal injury lawyer will consult physicians, review medical records, and interview expert witnesses to offer evidence that correctly depicts the entire claim value.

These may be records of lost wages, earning capacity, hospital bills, and impact on your enjoyment of life and your social relationships.

Compensatory Damages You Can Claim

Compensatory damages, the most common form of personal injury damages, both compensate a person for money losses and non-monetary harm.

An experienced personal injury attorney will carefully document the damages by way of pay stubs, medical expenses, and expert medical testimony to obtain the maximum monetary recovery for you.

Compensatory damages have two wide categories: general damages (or non-pecuniary damages) and special damages (or pecuniary damages). Both are required so that victims of harm may be able to obtain as much compensation as they can for their suffering and economic loss.

General Damages (Non-Pecuniary Losses)

General damages or non-pecuniary damages are provided for intangible harm such as pain and suffering, emotional distress, chronic pain, and mental anguish.

These damages recognize diminished quality of life and the way an injured party is negatively affected on a day-to-day basis, from household chores to maintenance of the house, and from social relationships to the pleasures in life.

The Supreme Court of Canada has set up guidelines for assessing general damages so that large awards are equitable and in line with past decisions. In assessing general damages, the courts consider the degree of physical suffering, the permanence of conditions such as traumatic brain injury or catastrophic injury, and the manner in which those conditions limit enjoyment of life.

Because these damages cannot be measured in terms of receipts or bills, their establishment depends on medical expert testimony, depositions from injured parties, and analogies to similar injuries in prior cases.

Special Damages (Pecuniary Losses)

Special damages, or pecuniary damages, are for real, tangible economic loss.

They include:

• Medical expenses and medical charges for hospitalization, surgeries, physical therapy, and future treatment or future needs for care.
• Lost wages and lost income, supported by pay stubs and employment history, and diminished earning capacity if the injuries prevent a return to work.
• Home maintenance costs of the house, housekeeping, or hiring someone to perform household duties when injuries will prevent you from performing household duties.
• Other out-of-pocket costs such as transportation to medical appointments or modifications to your home.

Accurate accounting of such losses is critical.

A seasoned personal injury lawyer will gather evidence, obtain expert testimony, and work with a team of attorneys to ensure that every expense is accounted for within the claim value and that the injured party receives fair compensation.

Family Law Act Claims (for Family Members)

In the province of Ontario, when an injured person suffers severe injuries or even catastrophic injuries in an accident, members of their family may also be eligible to claim compensation.

Under Ontario’s Family Law Act, close relatives of the injured person, spouses, children, parents, or siblings, can file a personal injury claim for the manner in which they have been affected by the accident.

These Family Law Act claims can compensate for:

• Loss of care, guidance, and companionship.
• Out-of-pocket expenses for medical care, home care, or providing care.
• Loss of household services or services the injured party once provided

An experienced personal injury lawyer will introduce evidence, including medical bills and expert medical testimony, to allow the family’s losses to be included in the total value of the claim. Courts will examine previous cases and similar injuries to determine damage awards.

Aggravated and Punitive Damages

Although most personal injury damages are intended as compensatory damages, to provide fair compensation, Ontario courts also award aggravated or punitive damages in certain cases.

Aggravated damages encompass the increased emotional distress, mental anguish, or pain and suffering that arose from the defendant’s particularly insensitive or high-handed conduct.

Punitive damages are intended to punish the wrongdoer and deter future misconduct. These awards are not typical and are usually only given when the defendant’s behaviour demonstrates gross negligence or intent to injure.

A personal injury attorney will review the facts of your personal injury case and advise whether a claim for punitive damages or aggravated damages is appropriate.

How Courts in Ontario Assess Damages

The Ontario courts have an evolved jurisprudence on the determination of damages in personal injury lawsuits.

Judges consider medical reports, pay stubs, and expert testimony from medical practitioners and expert witnesses to determine the full range of pecuniary damages (or special damages) and non pecuniary damages (or general damages).

Some of the key determinants of damages are:

• The severity and nature of personal injuries, such as traumatic brain injury, chronic pain, or loss in quality of life.
• The cost of future care, including physical therapy, extended treatment, and assistance with household chores.
• The ability of the injured person to work and earn money, including lost wages and lost earnings.
• The impact on social relationships, enjoyment of life, and the ability to perform normal home maintenance activities.

The Supreme Court of Canada has placed limits on general damages so that large awards are kept reasonable while permitting the courts to award maximum compensation where warranted by severe injuries.

Why Work With a Personal Injury Lawyer?

The legal procedure following an accident can be daunting. A seasoned personal injury lawyer offers the legal assistance necessary to preserve your rights and pursue compensation.

A knowledgeable injury lawyer will:

• Collect evidence and consult physicians to determine the extent of personal injury damages.
• Calculate general and special damages like lost wages, medical expenses, and non pecuniary damages.
• Negotiate with the insurance company to receive fair compensation and avoid low estimation of your claim.
• Go to trial when necessary to pursue maximum compensation for the victim and relatives.

By working with a dedicated legal team, injury victims can focus on recovery while professionals handle the legal burden and fight for the highest possible damage awards.

Contact Grillo Law for a Personal Injury Lawyer

If you or a loved one has suffered personal injuries in an auto accident or any accident caused by negligence, contact Grillo Law for a free consultation.

Our law firm has years of experience helping injured parties and their families with inquiries regarding what are the types of damages I can recover in a personal injury lawsuit and how to obtain maximum compensation.

Grillo Law personal injury lawyers will review your injury claim, examine medical reports, and work with expert witnesses to build a strong case.

We are committed to helping every victim of injury and their families pursue legal action and obtain fair compensation for medical bills, lost income, pain and suffering, and all other alleged damages.

Call today for your free consultation and take the first step toward justice and the financial compensation you deserve.