When you are injured as a result of someone else’s negligence, you are entitled to be put back in the position, as nearly as money can, that you were in before the accident.
The categories of damages include:
1. General Damages
This is compensation for pain, suffering and loss of enjoyment. In Canada there is a cap on these damages which is presently about $300,000.00 for a catastrophic injury and all other injuries are scaled down from there.
2. Loss of Past Earnings
If you miss work as a result of your injuries, you are entitled to be paid for the value of lost earnings, net of tax. You can also recover for such things as lost sick days, missed pension contributions or other benefits missed or lost up to the date of the settlement or trial.
3. Loss of Future Earnings
If your injuries are likely to affect your ability to work for years to come, you are entitled to compensation for the present value of all lost future earnings, including lost earning capacity and opportunities. These numbers are calculated on possible earnings and adjusted based upon how likely those possibilities are. No one can foresee the future, but Judges will make substantial awards where the medical evidence shows that your injuries will likely interfere with your ability to earn in the future.
4. Cost of Future Care
You are entitled to be provided with whatever care you reasonably require to continue life as normally as possible. This includes cost of continuing therapies, adaptive aids, home care, medications, yard work, whatever you need to hire done that you used to do. Once again, future care awards need to be supported by medical evidence.
5. Special Damages
These are out of pocket expenses for everything you’ve had to spend as a result of the accident: from taxi fares to Advil. If you had to buy it or pay for it because of the accident, you are entitled to be reimbursed. Keep all of your receipts. The purpose of a damages award is to restore you to the position you would have been in had the accident never occurred. It is a difficult task and often requires the assistance of expert witnesses to identify and calculate the value of all the losses incurred as a result of a serious accident.
If you have questions, we will help.
Categories: Dollars and Cents, General Legal Info, Preparing for a Personal Injury Suit
17 comments
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The Personal Injury Team at Nixon Wenger, LLP
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The Personal Injury Team at Nixon Wenger, LLP
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