Types of Compensatory Damages Awarded in Personal Injury Cases

If you’ve recently sustained injuries in a defective product, motor vehicle, or slip and fall accident and you are considering filing a personal injury lawsuit, you may want to hire a lawyer to help you determine what your case is worth.  The value of these types of cases is based on “damages” or what the financial, physical, and psychological costs of your injuries have been as well as any estimated costs in the future.  In some cases, it may include punishing the defendant’s behavior.

Although the plaintiff may not recover fully and regain their original physical condition, a personal injury lawyer can ensure that your situation will not be hopeless.  With the right legal representation in, Orillia, Stouffville or Barrie, you could be entitled to compensatory damages.  The following 3 types of compensatory damages are commonly awarded in a wide range of personal injury lawsuit settlements:

Lost income – if you are unable to return to work because of your injuries, you could be compensated for the income you’ve lost as well as what you would be earning while you are still recovering from your injuries.  In cases where an injury victim is compensated for the loss of future income this is usually referred to as the “loss of earning capacity.”  Once it is shown that the injured party has lost and will continue to lose income, then you and your personal injury lawyer can pursue compensation for this.

Medical expenses – most injuries will require medical care and treatment to some extent.  If so, you could be entitled to compensation for all expenses that you have incurred up to this point and any that occur in the future.  This could include a number of expenses including costs for:

·         medical consultations

·         prescription medications

·         time spent in clinics, hospitals, or other medical facilities

·         other medically-related expenses during recovery such as attendant care, occupational therapy, and physical therapy

If you can prove that your injuries will continue being an issue in the future and there will be additional expenses as a result, then you may also be entitled to compensation for these expenses.  Calculation of these expenses will be based on the documents and receipts that you produce as evidence for your case.  This applies to any future medical expenses that may arise.

Pain and suffering – you could be entitled to compensation for your pain and suffering provided that you meet the legal requirements mandated by law.  This covers a wide range of damages but typically includes:

·         deformities, disfigurement, or scarring

·         emotional, physical, and psychological disabilities

·         impairment of your ability to perform your job

·         loss of companionship or consortium

·         loss of enjoyment of life

Compensation for pain and suffering is typically classified as a “non-economic” loss and is categorized under “general damages” in personal injury claims and lawsuits in Barrie, Orillia, and Stouffville which are handled by experienced personal injury lawyers in Ontario.