What type of compensation will I receive after a slip and fall injury on a city sidewalk?
If you have a slip and fall injury on a municipal sidewalk in Ontario, you may be entitled to various types of damages, depending on the specifics of your case and the extent of your injuries. These damages are designed to compensate you for the losses you’ve incurred as a result of the accident. Here are some types of damages you might be entitled to:
- General Damages: These are awarded for non-monetary losses, such as pain and suffering, loss of enjoyment of life, and emotional distress. General damages compensate the injured party for the physical pain and psychological suffering resulting from the injury.
- Special Damages: Also known as economic damages, these cover the monetary expenses incurred as a result of the injury. Special damages can include:
- Medical Expenses: Costs for immediate medical treatment, rehabilitation, medication, and any future medical care related to the injury.
- Lost Wages: Compensation for income lost due to the inability to work immediately following the injury and potential future loss of earnings if the injury leads to long-term disability or diminished earning capacity.
- Out-of-Pocket Expenses: These cover any additional costs directly related to the injury, such as travel expenses for medical appointments, home modification costs if the injury leads to a disability requiring such changes, and other miscellaneous expenses incurred due to the injury.
- Cost of Future Care: If the injury results in long-term or permanent impairments, you may be entitled to compensation for future care needs, including ongoing medical treatment, personal care support, and any necessary medical devices or equipment.
- Loss of Consortium / Family Law Act Damages: In some cases, the injured party’s immediate family members may be entitled to compensation for loss of companionship, care, and affection resulting from the injury.
It’s important to note that in cases involving municipal properties, there may be specific notice requirements and limitations periods that are shorter than in other personal injury cases. For instance, you may be required to notify the municipality of your intent to sue within a very short time frame after the incident. Failing to adhere to these requirements can affect your ability to recover damages.
Consulting with an experienced personal injury lawyer in Ontario is crucial to understand your rights, the applicable laws, and the types of damages you may be entitled to claim following a slip and fall injury on a municipal sidewalk.