In an Ontario Accident, What Damages Are Available?
If you are injured, it is not your fault and it IS someone else’s fault, the law entitles you to recover certain types of damages. Which types?
Pain and Suffering
You are entitled to be compensated for the physical pain and mental anguish you have suffered and will suffer in the future due to your injury. In Ontario, the maximum you can claim for pain and suffering is is about $335,000. That amout is indexed to inflation and goes up over time. The top amount is reserved for the most serious injury such a quadriplegia or a serious brain injury. The damages for pain and suffering in Ontario are subject to a deductible if the case involves a car accident and the damages are less than $100,000.
Past and Future Medical Costs
Reasonable costs for all past and future medical costs can be claimed from the person who caused your accident. Medical expenses covered by OHIP do not normally need to be claimed if the case is a car accident claim. However, in other injury cases, OHIP’s expenses must also be recovered from the person who caused the accident.
In addition to the doctors who treat you, these costs include physiotherapists, occupational therapists, psychologists, nurses, case managers, among others.
Loss of Earnings
Lost wages, commissions, bonuses and pension, both past and future can be claimed if they can be proven. There are special rules that apply when the accident involves a motor vehicle.
Loss of Competitive Advantage
Similar to loss of income, these are damages resulting from the fact that you are somehow less employable or less competitive in the market place.
Family Law Act Damages
The close relatives of someone who is injured in an accident can claim damages for loss of care, guidance and companionship as a result of an accident. Although these damages are generally low, there are a few cases in Ontario where they have entered the 6-figure range.
There are other heads of damages that are available in other specific situations. To find out what types of damages are available to you in your accident case, speak to an experienced Ontario personal injury lawyer. Call us at 613 233-4529 or email us at [email protected].
