There are a number of factors that come into play when a personal injury lawyer calculates the damages for a particular accident. Damages are calculated on a case by case basis and reflect the specific circumstances of the accident in question. That being said, damages for injury cases in Ontario are also based on precedent. This means that your damages claim is determined by what other victims with similar injuries have received in the past.
After studying your case, your injury lawyer will be able to determine the range of damages you may be eligible for. Precedent dictates the range of damages for a particular accident/injury, and the specific facts of your case will determine where you fall in that range.
Before looking at the precedent relevant to your case, your lawyer will determine if you are eligible for pecuniary damages (economic loss) and/or non-pecuniary damages (pain and suffering). In doing so, your lawyer will consider any loss of income you may have suffered, any extra cost of housekeeping as a result of your injuries, among other things. The more evidence you can provide of any financial loss or pain you have incurred as a result of the accident, the better your chances are of having a successful damages claim. Any information you can provide regarding how the accident has negatively impacted your life will help your case.
One final, but important factor in determining your damages is mitigation. Mitigation means that an injured person must take reasonable steps to reduce or minimize the loss they suffered due to an accident. Examples of such measures include attending medical appointments in a reasonable time and following medical advice. It is important that you demonstrate your efforts to recover from your injuries and to get back to a normal life after your accident. Failure to mitigate the impact of the accident on your life can negatively impact your damages claim.
The personal injury lawyers at Auger Hollingsworth can advise you on how to mitigate your losses and can answer any further questions you may have about calculating the damages for your injury claim. Call us at 613 233-4529.