How Is Compensation For Personal Injury Decided?

The fact is that personal injury law is incredibly vast and broad and as such it envelops a variety of different premises and injuries. However, orthopedic injuries are some of the most common and almost mandatory damages that are entitled for compensation as per the legislation in Ontario, provided they have derived from an accident. They can occur from a wide abundance of accidents such as slip and fall accidents, car crashes, product liability and many, many more. The important thing to understand is that different orthopedic injuries are treated in a different manner by the law in each individual case. This is why a broken arm can cost a certain amount of money when awarded to one person and a completely different amount when being awarded to another. Of course, the pecuniary damages are going to be relatively the same, but the non-pecuniary damages are going to differ in every single case.

Assessment of emotional trauma

The reason for this is that the law which is applicable in the state of Ontario and respectively in the town of Stouffville clearly states that emotional trauma is assessed discretionally by the court in any given situation. This means that the judges have to take every single circumstance surrounding the accident as well as the subjective matters of the case into thorough consideration prior to issuing a ruling. The nature of orthopedic injuries is such that they have different reflection on every single person and this has to be accounted for by the court.

Case in point is that a twisted ankle for a football player is going to cost him a lot more than a twisted ankle in a person who is working in a call center, for instance. All of the side factors have to be accounted for. It is important to know that there is a law which is called the Family Act and it is enforceable on the entire territory of Canada. This particular statute stipulates that each family member can issue the claim on personal behalf of the injured without having to be specifically authorized by this. Of course, there is a limit to the damages that can be claimed this way and they would only cover the loss of income and to extend in which they impacted the family member in particular. This is an important aspect of the case.

Compensation criterion

The resulting compensation has to be the difference between the amount of money that the person used to receive and the amount of money that he is receiving after the accident. This is a reasonable solution as in certain cases family members are strongly dependant on the income of the injured and they may be left with insufficient funds. The solution also provides protection for members of the family because it requires no specific authorization.