How is Compensation calculated in a Personal Injury Case?

When someone in the cities of Kingston, Ottawa, or Sudbury is injured in an accident that was caused by another person’s careless, negligent, or reckless behavior, there is the likelihood that they may be entitled to compensation.  For instance, you can be reimbursed for lost income, medical expenses and even your pain and suffering.  But did you know that the Ontario Supreme Court established limits or a “cap” on the amount of compensation you could be awarded?

If you have ever wondered how compensation is calculated in a personal injury case, there are several factors that are taken into consideration.  So if you have recently sustained serious injuries in an accident and someone else was responsible for it, you should be aware of how your case will be valued.  Factors that may be considered when determining what your case is worth includes:

  • emotional or psychological distress
  • future medical expenses
  • loss of employment and income (present and future)
  • nature and severity of your injuries or losses
  • quality of life (present and future)

There is a general calculation that applies to each of these factors and that is utilized to determine the amount of compensation for them.  These are based on how severely they have impacted the person’s quality of life and are scaled back based on the cap on damages.  The highest amounts of compensation are typically reserved for injuries that are deemed the most catastrophic.

When a person thinks about compensation in a personal injury claim, they usually think about non-pecuniary damages or compensation for loss of enjoyment and the pain and suffering that they endure as a result of their injuries.  The cap on non-pecuniary damages is currently $350,000 and is reserved for spinal cord, traumatic brain, and other catastrophic injuries.

Most personal injury lawyers in Kingston, Sudbury, or Ottawa will also seek damages for loss income or wages (past and future) as some injury victims are unable to return to their jobs immediately and perform at full capacity.  Depending on the length of time that it takes for the person to recover and rehabilitate, they may not have a job to come back to.  Therefore, damages are calculated by taking into account the wages they have lost already and the potential future loss of wages that could result from their injuries. This can run into thousands of dollars if the victim has been rendered an invalid or is left with a life altering disability.

The cost of future care may also be a part of the equation including full or part time attendant care costs, medical expenses, prescription medications, trauma counselling, and so on.  Furthermore, if you can no longer perform your daily tasks at home, you may be awarded compensation for child care, housekeeping, yard care, etc.  Finally, if the person who caused the accident is proven to have acted carelessly, negligently, or recklessly, you may be awarded punitive damages as well.