Calculating Damages in Car Accident Claims: What You Need to Know

June 27, 2024, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

If you've been injured in a car accident in Ontario, Canada, you may be entitled to compensation for your losses. Calculating the damages in a personal injury claim can be complex, but understanding the key factors involved is crucial for ensuring you receive fair compensation. In this blog post, we'll explore the different types of damages and how they are calculated in the context of Ontario car accident claims.

Special Damages (Pecuniary Damages)

Special damages, also known as pecuniary damages, are monetary awards for specific economic losses resulting from the accident. These include:

• Medical expenses: Past and future medical bills, including hospital stays, rehabilitation, and assistive devices
• Lost income: Past and future lost wages due to missed work or reduced earning capacity
• Out-of-pocket expenses: Costs for prescriptions, over-the-counter medications, and transportation to medical appointments

To calculate past lost income, your lawyer will analyze your pre-accident and post-accident earnings. Future lost income is more complex, as it requires projecting how the accident will impact your earning potential over time.

General Damages (Non-Pecuniary Damages)

General damages, or non-pecuniary damages, compensate for non-economic losses such as pain, suffering, and loss of enjoyment of life. In Ontario, there is a cap on general damages, which is adjusted for inflation annually. As of 2023, the cap is $5,817 for minor injuries.

Calculating general damages involves considering the severity of your injuries, the duration of your recovery, and the impact on your quality of life. More severe injuries may result in higher general damage awards.

Punitive Damages

In rare cases, the court may award punitive damages to punish the at-fault driver for gross negligence or intentional misconduct. These damages are not intended to compensate the victim but rather to deter similar behavior in the future.

Importance of Documentation

Documenting the accident and your injuries is crucial for supporting your damage claims. This includes:

• Photographs of the accident scene and vehicle damage
• Police reports
• Medical records detailing your injuries and treatment
• Receipts for out-of-pocket expenses
• Proof of lost income, such as pay stubs or tax returns

Seeking Legal Assistance

Calculating damages in a car accident claim can be complex and time-consuming. Working with an experienced personal injury lawyer can help ensure you receive the compensation you deserve. Your lawyer can gather evidence, negotiate with insurance companies, and represent you in court if necessary.

In conclusion, understanding the different types of damages and how they are calculated is essential for car accident victims in Ontario. By documenting your losses and seeking legal assistance, you can maximize your chances of receiving fair compensation for your injuries and other damages.

If you have been injured seriously in an accident call one of our experienced personal injury lawyers today for your free consultation. Don’t delay, time is of the essence.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.