Damages for Personal Injury cases

Personal injury lawyers are experts at assessing the value of a personal injury file.  Personal injury lawyers in Ottawa are no different.  The value of the damages for someone who is catastrophically injured will differ greatly from someone who slips and falls at a grocery store.  Each quantum of damages rests on the unique facts that are associated with every personal injury case.  Assessing the damages on a personal injury file can help the personal injury lawyer to identify what gaps in information are present so that they can retain experts in order to fill those gaps.

Bryan Delaney has been practicing as a personal injury lawyer for ten years. He articled at McCarthy Rastin Kerr, a personal injury boutique law firm.

Here are some typical heads of damage for a personal injury file:

Generals:  General damages for pain and suffering.  There is a ceiling that was set by the Supreme Court of Canada, which, with inflation, is just under $400,000.  There is a deductible on general damages of $30,000 for those involved in motor vehicle accidents – that is, your general damages are reduced by $30,000.

Past loss of income:    If you had to miss work due to your injury you are entitled to recover the lost wages.

Past out of pocket expenses:    Keep your receipts in an envelope and organize them onto a spreadsheet if possible.  These include taxis, general medical devices, treatments, and miscellany.

Future loss of income/Loss of competitive advantage:  Typically an expert report will be produced to establish the range in this category.  If your injury will prevent you from earning as much as you have in the past you will be compensated for that.

Future care costs:  The cost of future treatments (ie. massage therapy, physiotherapy, psychotherapy) once the Accident benefits carrier drops out of the picture (typically two years post-accident)

Lawyers are up-to-date on the recent cases that establish the boundaries and definitions for these various heads of damage and can give you advise to help you decide what level of compensation is fair and reasonable.If you have been injured you should consult with a personal injury lawyer.  It’s free – start by completing the intake form below.

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