When it comes to personal injury claims in Canada, it’s important to understand that there is no “average” payout. Each case is unique, and what might be appropriate compensation for one individual doesn’t necessarily apply to another. This is why understanding the precedents set by Canadian common law is crucial for anyone looking to calculate their own damages to be claimed in court.
One of the most significant cases in Canadian history for personal injury compensation is Gordon v. Greig which dealt with severe spinal cord and brain injuries. It is one of the largest personal injury awards in Canada, with the victims being awarded nearly $24 million for their severe brain and spinal injuries.
In this blog, our personal injury lawyers consider the types of personal injury compensation accident victims may be entitled to after an accident.
The Two Main Categories of Damages
When pursuing a personal injury claim in Canada, it’s essential to understand the types of damages considered by the legal authorities. This helps compensate you for the different aspects of the harm you’ve suffered, ranging from direct financial losses to more intangible impacts like pain and suffering.
Compensatory damages are intended to cover the actual financial losses you’ve incurred because of your injury. Personal injury attorneys in St. Catharines explain that these damages are typically divided into two categories: special damages that cover out-of-pocket expenses directly attributed to your injury; and general damages that compensate you for the non-monetary aspects of your injury, such as pain and suffering, loss of enjoyment of life, and emotional distress.
In certain cases, the court may also award non-compensatory damages, which are not directly tied to the financial losses you’ve suffered but rather address broader aspects of the wrongdoing. These are aggravated damages for when the defendant’s conduct was particularly harmful or malicious; nominal damages where a legal wrong has occurred but no substantial loss was suffered; and punitive damages to punish the defendant for particularly egregious conduct.
Types of Compensation Available for Personal Injury Victims
When you’re injured in an accident, understanding the types of compensation available can be crucial for your recovery and financial stability. Personal injury victims have access to several forms of compensation, each tailored to cover specific aspects of the damage suffered. Below are the primary types of compensation you might be entitled to if you’ve been injured in a car accident.
Accident Benefits
Accident benefits are a key component of compensation, particularly in motor vehicle accidents. These benefits are available regardless of who was at fault and are designed to support you through your recovery. Some of the key accident benefits include:
Medical and Rehabilitation Benefits – These cover the costs of treatment, therapy, and rehabilitation needed to recover from your injuries.
Income Replacement Benefits – If your injuries prevent you from working, income replacement benefits provide you with a percentage of your lost wages, helping you manage your finances while you’re unable to work.
Attendant Care Benefits – If your injuries are severe enough that you require assistance with daily activities, attendant care benefits can help cover the cost of hiring a caregiver.
Non-Earner Benefits – For those who are not employed at the time of the accident but are still unable to resume their normal activities due to their injuries, non-earner benefits provide financial support during recovery.
Caregiver Benefits – If you are a primary caregiver and your injuries prevent you from caring for a dependent, caregiver benefits can cover the cost of hiring someone to take over your caregiving responsibilities.
Pain and Suffering (Non-Pecuniary Damages)
Pain and suffering damages, also known as non-pecuniary damages, are awarded to compensate you for the physical and emotional distress caused by your injury.
Unlike accident benefits, which cover specific costs, these damages are more subjective and are meant to acknowledge the overall impact the injury has on your quality of life. This might include the loss of enjoyment of life, chronic pain, or psychological trauma resulting from the injury.
Insurance Payouts
Insurance payouts play a significant role in personal injury compensation. Depending on the nature of your policy and the specifics of your case, you may be entitled to a lump sum payment or a structured settlement.
A structured settlement provides you with regular payments over time, offering long-term financial stability, while a lump sum allows for immediate access to funds. It’s important to work with a knowledgeable personal injury lawyer in St. Catharines to navigate the complexities of insurance policies and ensure you receive the maximum compensation available.
Family Law Act Claims
Ontario’s Family Law Act allows family members of an injured person to claim compensation if the injury has significantly impacted their lives. This might include loss of care, companionship, or guidance that the injured person would have provided. Additionally, family members who take on caregiving roles may be entitled to compensation for the services they provide, according to personal injury attorneys in St. Catharines.
Loss of Future Earnings
When an injury impacts your ability to work long-term, loss of future earnings becomes a critical component of your compensation claim. This type of compensation is calculated based on factors such as your age, occupation, earning potential, and the severity of your injury. The goal is to ensure that you are financially protected, even if your injury prevents you from pursuing your career as planned.
Cap on General Damages
In Canada, there is a cap on the amount of general damages that can be awarded for pain and suffering. This cap was established by the Supreme Court of Canada in a series of landmark decisions known as the “trilogy cases”.
The cap, initially set at $100,000 in 1978, has been adjusted for inflation and currently stands at approximately $450,000. This cap is intended to maintain consistency and predictability in the awards granted for non-pecuniary damages.
Speak to Your Personal Injury Lawyers in St. Catharines
Assessing the damages you may be entitled to and the amount you can expect to receive can be difficult. Laws, court decisions, and trends can significantly alter what accident victims can receive.
To understand what damages you may be able to claim for your injuries, speak to our experienced personal injury lawyers in St. Catharines.