What damages are recoverable in a personal injury claim

#AskCoreySax

Whether you are injured in a car crash or by slipping and falling on debris left on the floor while shopping at your local grocery store, you could have the right to recover damages as compensation for your injuries. Protecting and enforcing your right to be compensated starts by having a clear understanding of your rights and obtaining the services of an experienced personal injury lawyer to assist you.

Proving negligence

Unless you were injured in a motor vehicle accident subject to Ontario no-fault law, personal injury claims require proof that another party’s negligence caused the accident. Negligence is based upon owing a duty to act reasonably so as not to cause harm to another person. A store owner, for example, has a duty to keep the premises in reasonably good repair to avoid causing injury to people entering them. The following are the four elements that must be proven to establish negligence and a right to recover compensation:

  • Existence of a duty of care owed to the injured party
  • Breach of the duty of care by the defendant, the party to be held responsible
  • Damages suffered by the person making the claim
  • The damages suffered were caused by the conduct of the defendant

The evidence needed to prove negligence depends on the facts and circumstances of a particular case. There are a number of situations under which a personal injury claim may arise, including:

  • Vehicle collisions
  • Medical malpractice
  • Animal attacks and dog bites
  • Premises liability, including slip-and-fall accidents
  • Product liability arising from defective products

When any of these or other situations are the result of careless or negligent behaviour, a claim may be asserted against the responsible party.

Recoverable damages when you suffer personal injuries

Injuries suffered through the fault or misconduct of another party are not limited to those of a physical nature, such as broken bones, lacerations and head trauma. Your injuries could include emotional and psychological harm, such as post-traumatic stress disorder.

The damages awarded after a trial or through a settlement negotiated by your lawyer are intended to make you financially whole. Your compensation could include the following:

  • Medical expenses, including the cost of anticipated future medical treatment
  • Lost income, including future earnings lost or diminished due to the extent of your injuries
  • Scarring and disfigurement
  • Disability
  • Pain and suffering

There is a limitation on the amount a court can award to you for pain and suffering damages. The maximum is $366,000.

Limitations imposed by Ontario no-fault in car accident claims

Personal injuries in Ontario car accidents are handled through no-fault insurance. If you are injured in a car accident your claim is filed with the insurance company issuing the policy on your vehicle regardless of who was at fault in causing the accident. Pain and suffering damages are not included when filing a no-fault claim.

No-fault insurance applies to most injuries you might suffer in a car accident. You do have the right to file a law suit, including a claim for pain and suffering, if you suffer a serious injury. Serious injuries are those which result in serious permanent disfigurement or serious impairment of a psychological, mental or important physical function that is considered to be permanent in nature.

Ontario personal injury lawyers

The personal injury lawyers at Diamond & Diamond have years of experience successfully handling personal injury claims for compensation for individuals. If you have been injured in an accident, you should speak to one of our lawyers. Call the Diamond & Diamond 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now. We offer free consultations and case evaluations to injury victims throughout Ontario.