You shouldn’t have to struggle financially after being hurt in a motor vehicle accident. If you’ve been injured in a car crash, motorcycle, ATV, or snowmobile accident, you may be eligible for financial compensation. In Ontario, there are two potential avenues for seeking car accident injury compensation: personal injury lawsuits against the at-fault driver and accident benefit claims. Sault Ste. Marie law firm Feifel Gualazzi can help you handle both types of claims.
How do you know what compensation is fair?
Whether you’ve been injured in a car accident as a driver, passenger, pedestrian or cyclist, one of the questions that will be front of mind is “How do I know if a settlement is fair?” In today’s article, we’ll provide an overview of the types of compensation (also known as damages) that can be claimed in a personal injury case and how damages are calculated.
Armed with that knowledge, you will be in a better position to gage the fairness of settlement offers—but remember, a settlement offer reflects the insurance company’s view of the value of your claim.
How much is your claim worth?
As we just mentioned, the insurance company will calculate a dollar amount to compensate you. Insurance companies are not always forthcoming about all types of damages and accident benefits available. Their goal is to close your claim as quickly as possible, for as little money as possible. For that reason, we recommend consulting with an experienced personal injury lawyer before deciding to accept any sort of settlement offer.
A Sault Ste. Marie accident compensation lawyer at our law firm can provide you with a free consultation so you know if you have a case. We can provide you with an assessment of the likely dollar amount of your claims, based on the injuries you suffered and how the injuries are impacting your life. We draw on our experience and knowledge of similar cases to advise you whether to accept a settlement offer or walk away, and we’ll take your case to court to secure maximum compensation if the insurance company isn’t offering what is fair.
Types of damages that can be claimed after an Ontario car accident
There are two main categories of damages in a personal injury case: pecuniary damages and non-pecuniary damages.
Pecuniary damages, which are also known as special damages, are to compensate you for economic losses. Examples of pecuniary damages you may be entitled to claim following an automobile accident include:
Past income loss to compensate you for lost wages if you missed some work or were not able to return to work at all due to the injuries you sustained
Future income loss/loss of earning capacity to compensate you for earnings you are projected to lose in the future when your ability to work and earn the same income have been impaired by the accident injuries.
Hospital, medical and rehabilitation expenses to compensate you for amounts you’ve already paid and to cover similar expenses you’ll need in the future such as ongoing therapy and medication.
Certain other out-of-pocket expenses incurred as a direct result of the accident, such as housekeeping, childcare, and home maintenance expenses.
Non-pecuniary damages, which are also known as general damages, are to compensate you for pain and suffering and loss of enjoyment of life. This category of damages encompasses all physical, emotional, and mental pain arising from the accident and your injuries. Certain family members may also be able to seek compensation if their relationship with you has been negatively impacted (known as damages for loss of companionship or guidance).
How damages are calculated
Pecuniary damages relate to money and are typically easier to quantify, especially when it comes to past wage loss and expenses you’ve already incurred as a result of the accident. Documents such as tax returns, paystubs, invoices, and receipts are relied on to prove this aspect of your claim and calculate the exact amount of your past economic losses.
Calculating future economic damages is more complex. You will need to obtain evidence to support claims for future wage loss and future care expenses. Expert witnesses often play a crucial role in assessing these types of damages. For example:
vocational report that provides expert evidence on whether you can return to your previous job;
actuarial report that calculates the value of lost earnings over your working life;
cost of future care report that provides expert evidence on the treatments, services, and equipment you’ll need over your lifetime.
Non-pecuniary damages are also more challenging to calculate. Unlike pecuniary losses that can be verified with receipts, non-pecuniary damages aren’t so easily quantified. General damages are based on the type and severity of injuries. Factors to be considered include age, duration and intensity of pain, disability, loss of lifestyle, and impairment to family, social and marital relationships.
Putting a dollar value on suffering is a subjective determination. There’s no “pain and suffering calculator” and no two injuries are exactly alike. That being said, similar cases are relied on to assess general damages. Courts, insurance adjusters, and personal injury lawyers draw on previously decided cases involving people with similar injuries to determine the appropriate non-pecuniary damage award.
Other factors that can influence personal injury compensation
There are other factors that can impact the amount of damages you receive in a personal injury case. Here are just a few to consider:
There is no limit on pecuniary damages as long as amounts claimed are legitimate and justifiable, but there is a limit on non-pecuniary damages. At the time of writing, the cap on general damages in Canada is about $400,000.
Pre-existing injuries and medical conditions can negatively impact the amount of compensation you receive
If you are found to have contributed to the accident, the damages you can recover will be reduced in proportion to the percentage of fault assigned to you (contributory negligence)
Compensation can be reduced if you fail to take reasonable steps to minimize your losses and damages, such as ignoring treatment recommendations or advice of your doctor (failure to mitigate).
GET TRUSTED ADVICE FROM OUR PERSONAL INJURY LAW FIRM
Sault Ste. Marie accident compensation lawyers at Feifel Gualazzi are here for you if you’ve been hurt in a vehicle accident. Your injuries and the complications they cause in your life can quickly become overwhelming. Navigating the no fault insurance system and personal injury lawsuit process can add to your stress level. Why go it alone when you can trust the Feifel Gualazzi team to take care of all the details?
Our dedicated personal injury law firm in Sault Ste. Marie assists vehicle accident victims like you get the full range of financial support you need. Contact us today to schedule a free consultation with a Sault Ste. Marie accident lawyer at our law firm and find out if you have a case!