You’re entitled to claim compensation if you’ve been hurt in a motor vehicle accident caused by someone else’s fault or negligence. It doesn’t matter if you were a driver, passenger, pedestrian, or cyclist—you can bring a personal injury claim to recover financial compensation from those responsible for your injuries. In today’s post, our Sault St. Marie lawyers will provide an overview of the types of damages that can be claimed in a personal injury case, and then talk in detail about one particular type, called general damages.
Types of Damages in a Personal Injury Case
There are two main types of damages in Ontario personal injury lawsuits: pecuniary damages and non-pecuniary damages. Pecuniary damages are to compensate for monetary losses such as lost income, out-of-pocket expenses, and the cost of future care (e.g., medication, treatments, housekeeping, home maintenance). The injured person must prove the specific amount of their economic losses to receive pecuniary damages.
Non-pecuniary damages (a.k.a. general damages) are to compensate an injured person for losses that are not monetary, including pain and suffering, loss of quality of life, and emotional or psychological distress. Unlike pecuniary damages that can be quantified with receipts and pay stubs, non-pecuniary damages are tougher to put a dollar figure on.
How to Calculate General Damages
There is no pain and suffering calculator, which makes it challenging to determine fair compensation for general damages. Instead, the approach to assessing general damages in Ontario is governed by the severity and nature of the injuries caused by the accident. More serious injuries such as traumatic brain injuries, chronic pain, amputations, and spinal cord injuries typically attract higher general damage awards. Insurance companies, personal injury lawyers, and the courts refer to past cases with similar injuries to ensure amounts awarded for similar injuries are consistent.
The approach to assessing a general damage award must also reflect how the injuries are impacting the injured person’s life. Two people can suffer the same injury (e.g. a broken leg or a concussion) but experience the injury in very different ways. Evidence to substantiate how physical and psychological injuries are impacting that specific person will be needed. For example:
Is the injured person unable to do activities, sports, or hobbies they did before the accident?
Have their family and social relationships been negatively affected?
Are they in constant pain, does the pain fluctuate, is the pain improving?
What’s the prognosis for recovery?
Those are just some of the questions that factor into the calculation of general damages.
How to Prove a General Damages Claim
Despite the challenges of quantifying intangible and more subjective consequences such as physical pain, emotional distress, and loss of enjoyment of life, an injured person must prove this aspect of their claim to be awarded general damages in a personal injury case. There are many types of evidence that can provide insight into the plaintiff’s experience of pain and suffering, including:
·      Medical records, treatment records, MRIs, X-rays, medication lists, etc.
·      Testimony from the injured person about the pain, distress, and limitations they’ve experienced
·      Testimony from expert witnesses (e.g., a psychiatrist can provide evidence on the psychological impacts suffered by the plaintiff as a result of the motor vehicle accident)
·      Photographs showing the progression of injuries
·      A personal record of pain and suffering in the days, weeks and months after the accident, known as a pain journal
·      Testimony from friends, family, or co-workers about how the accident has impacted the injured person’s life.
The bottom line is that credible evidence illustrating how the injuries are impacting the plaintiff’s quality of life is essential to bolstering a claim for general damages.
How to Maximize a General Damages Claim
It’s extremely important to seek medical attention as soon as possible after a motor vehicle accident to ensure your health and well-being. Timely medical attention also documents your injuries and establishes a clear connection between the accident and your injuries—vital to proving your general damages claim.
Then, you should continue to see your doctor and other appropriate medical professionals. Report all symptoms and issues you are experiencing and follow treatment recommendations. Each time you see your doctor, a specialist, or other treatment provider, it creates a record that can be used to support your general damages claim.
It’s also highly recommended that you keep a pain journal. Write down your symptoms (e.g., pain, sleeplessness, anxiety, stiffness, loss of mobility), the severity of your pain on a scale of one to 10, dates that you experienced symptoms or flare-ups, and activities that are negatively impacted by your injuries (lifting, working, driving, childcare, yard work, household chores, etc).  Â
Beyond those steps, the best way to maximize your general damages award is to consult with an experienced personal injury lawyer. The Sault Ste. Marie lawyers at Feifel Gualazzi can provide you with a free case evaluation so you have a better understanding of your claim’s value. Our legal team is skilled at gathering necessary evidence, negotiating with insurance companies, and advocating for maximum compensation. If the insurance company is being unreasonable, our lawyers will take your case to trial so you get the compensation you deserve.
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Sault Ste. Marie law firm Feifel Gualazzi can help if you or a loved one has been involved in a motor vehicle accident and suffered injuries. You don’t have to navigate the process alone.  Our law firm specializes in personal injury claims and our experienced personal injury lawyers are committed to providing customized support to ensure you get the compensation you deserve.
To find out if you have a case, please either contact our Sault Ste. Marie law firm or submit this online form for a free, no obligation case evaluation. Â