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].
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During your initial strategy session, we will assist you in creating a strategy in how to best pursue your claim, whether it be the result of a car accident claim, 18 wheeler injury, or, other kind of personal injury claim.
There are 5 points to your free claim strategy session:
First, we will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
Based on the information you provide, we will give you our best advice on both what claims you have and the next steps you should consider to go forward with your claim.
If you claim is something that we think we can help you with, we will explain the services that we can provide for you, and what the next steps are that we should take. We will start working immediately.
If your matter is something that we do not think we can help you with, then we will attempt to put you in contact with another lawyer that might be able to help you.
Either way, what should happen is we will put to rest some of the unknowns that you may be experiencing. We will start to shed light on what you can expect and how to best pursue the benefits you deserve.
Auger Hollingsworth Personal Injury Lawyers represents injured people across Ontario. Note: This website provides information but not legal advice. Contact a lawyer for legal advice about your case. Every case is different.