There are a lot of types of potential damages that may be incurred as a result of an accident. However, some of the most severe ones of them include traumatic brain and spinal cord injuries, which lead them to be categorized as catastrophic injuries which are currently the most serious damages that could be experienced. In fact there are so many cases involving injuries of this particular type that they have become a separate practice area for most of the lawyers in the city of Ottawa. The legislation governing the reparations is different because as mentioned above, they can be the result of different accidents. Basically the laws which govern the remedies for a particular accident would be enforceable for the respective traumatic brain and spinal cord injuries. Even though the country of Canada is governed by different Provincial Laws, almost all of them are rather similar.
Traumatic brain injuries are likely to last for life. This is due to the fact that the organ which is being impacted is the most important one in the human’s body – the brain. This is why these are the cases which often result in the highest compensatory awards for non-pecuniary damages, which are also referred to as general damages and include the emotional trauma.
The important thing to know about these kinds of damages is that they are assessed in every single case individually and only discretionally by the court. They can’t be based on documentation such as medical bills, rehabilitation receipts and apothecary bills. They have no actual impact on the human body and this is why they can’t be visually comprehended. This is also the thing that makes it hard to properly assess them. However, in order to put the responsibility of the perpetrator in certain boundaries and limits, the Supreme Court of Canada issued a ruling back in 1978 which limited the amount of these damages to not more than $100,000. However, due to general economical and inflation processes in the country, the amount has since increased dramatically and it is now about three times larger – approximately $340,000.
Emotional damages are hard to prove because no documentation can actually prove them. This is why the most common method to do so is to engage a witness. The lawyer in Ottawa should ask guiding questions which would allow the witness to outline the difference of the emotional condition of the injured prior to and after the accident. This should allow the court to formulate a proper idea about the current state of the victim and how would it impact his life for the future. Some traumatic brain injuries may leave a person damaged for life and in a position in which they can no longer take individual care of themselves and as such they should be assessed with a proper compensatory award.