As a victim of a personal injury case, you may pursue a claim for personal injury damages–pecuniary and non-pecuniary, to compensate for your injuries and losses and help you get your life back on track.
If you, or your loved one, have been injured due to the negligence, recklessness or intentional wrongdoing of another person or entity, you may be entitled to compensation.
But first, you have to understand the types of damages in your personal injury case. Recognizing the damages will help you know and fully maximize the worth of your recovery and compensation.
Special Damages
In Ontario, there are two categories of personal injury damages–pecuniary and non-pecuniary. Pecuniary damages, also known as special damages, are the specific losses that are quantifiable and measured in financial sum. These economic losses are easy to determine because theyhave specific monetary values assigned to them.
Special damages cover compensation for the following:
- Medical expenses
- Fees from doctors, hospitals, and other medical providers
- Emergency room and ambulance charge
- Prescriptions and medications
- Rehabilitation and physical therapies
- Diagnostics tests and surgical procedures
- Medical supplies, laboratory equipment, and devices used
- Future medical costs such as home health care and nursing care
- Income loss
- Salaries
- Hourly wages
- Benefits
- Commissions
- Bonuses
- Tips
- Overtime Pay
- Contributions
- Future lost earnings
- Property damage
- Car repairs
- Replacement of damaged property that cannot be repaired
- Reimbursements of repairs of destroyed property
- Other out-of-pocket financial loss
- Travel expenses
- Household assistance
General Damages
Non-pecuniary damages are non-economic damages that are intangible. These include the pain and suffering you experience after being injured. Commonly called as general damages, these losses do not have any particular monetary equivalent but they directly affect your quality of life.
General damages consist of financial awards for the following:
- Physical pain and suffering
- Emotional distress such as depression and anxiety
- Mental anguish
- Disfigurement
- Permanent disabilities and impairments
- Loss of consortium or loss of companionship
- Loss of enjoyment of life
Calculating Special and General Damages
You may be entitled to receive both the general and special damages. A personal injury lawyer can provide legal advice and help you determine and get the maximum compensation for your losses.
For special damages: The past, existing and future bills, invoices, receipts and other financial documents will be collected and estimated with the help of your lawyer and experts.
For general damages: The losses are difficult to calculate since the monetary value for the intangible things cannot be easily identified. Some lawyers and insurance companies use a multiplier method to pay you an amount of money for the past and future days of your pain and suffering.
Find a Personal Injury Lawyer You Can Trust
The damages caused by injuries will leave you overwhelmed and unsure of what steps to take. Consulting with a lawyer can help you understand the basic and the complicated facets of the legal process surrounding personal injury damages. So it is important that you seek help from a professional that you can trust and rely on.
Contact an experienced personal injury lawyer to obtain the just compensation you deserve.
INJURED?
