A Guide to Calculating Personal Injury Damages in Canada
Personal injury can be a traumatic experience affecting an individual's physical, emotional, and financial well-being. In Canada, personal injury victims may be entitled to compensation for damages, which can help them recover their losses and move forward with their lives. This article will provide a guide to calculating personal injury damages in Canada, including the types of damages available and how they are calculated.
General damages refer to compensation for non-pecuniary losses such as pain and suffering, loss of enjoyment of life, and loss of amenities. In Canada, the amount of general damages awarded is based on the injury's severity and impact on the victim's life. The Canadian courts will consider factors such as the duration and intensity of the pain, the impact on the victim's ability to work, and the impact on their social and family life. In cases of minor injuries, there is a cap on general damages for suffering and pain but no cap for more severe injuries.
Special damages refer to compensation for pecuniary losses such as medical expenses, lost income, and other out-of-pocket expenses. These damages are computed based on the actual costs that the victim has incurred due to the injury. For example, if the victim had to pay for medical treatments or therapy, the cost of these expenses would be considered in the calculation of special damages. In addition to medical expenses, special damages may include loss of earning capacity, loss of income. and other related costs.
Future losses refer to compensation for losses that the personal injury victim is likely to incur in the future due to the injury. For example, if the personal injury victim is unable to perform work in the future due to the injury, they may be entitled to compensation for lost future income. This type of damage is computed based on the victim's future earning capacity and the impact the injury will likely have on their ability to work. Future losses may also include future medical expenses, ongoing therapy, and other related expenses.
Punitive damages may be awarded in cases where the defendant's actions were particularly egregious or malicious. These damages are meant to punish the defendant and deter others from engaging in similar behaviour. The amount of punitive damages awarded is often much higher than other types of damages. Punitive damages may be awarded in cases such as medical malpractice, intentional torts, and cases involving gross negligence.
In some cases, the personal injury victim may be found to have contributed to their injury. This is known as contributory negligence, and it can reduce the amount of damages that the victim is entitled to receive. For example, if the personal injury victim was not wearing a seatbelt during a car accident, their damages may be reduced because their actions contributed to their injuries. The Canadian courts will consider the degree of fault of both the personal injury victim and the defendant and reduce the damages accordingly.
Calculating personal injury damages in Canada can be a complex process requiring expertise and legal experience. By understanding the different types of damages available and how they are calculated, personal injury victims can better advocate for their legal rights and protect their financial futures. Working with a licensed and experienced personal injury lawyer who can help you navigate the Canadian legal system and ensure you receive fair compensation for your losses is essential. If you've suffered a personal injury, seeking legal advice as soon as possible is incredibly important to protect your rights and ensure you receive the compensation you justly deserve.
Get the compensation you deserve for your personal injury with the help of Hamilton Cahoon. We are a Medicine Hat law firm that can assist you in all your legal matters, including family law, civil litigation, personal injury, real estate and other legal matters. We represent our clients with competence and integrity as we seek to maximize the amount of money that can be received as compensation for injuries sustained in an accident. Book a consultation now!