If you have been injured and have filed a claim, then if you succeed at trial, the court will award you damages for your loss. Damages are monetary compensation for your loss, to make up in some way for the impact your accident has had on you. Damages are meant to compensate you for the financial toll your injuries have taken, but also to potentially compensate you for the emotional toll and more. Damages are separated into different categories, as described below.
General Damages
General damages are commonly awarded in personal injury cases. They refer to non-monetary losses that nonetheless diminish your quality of life. These can include:
- Pain and Suffering
- Disfigurement
- Emotional Distress
- Loss of Enjoyment of Life
- Loss of Life Expectancy
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These are often called “non-pecuniary losses.”
In Canada, general damages are capped. The Supreme Court of Canada, in the 1978 case Andrews v Grand & Toy Alberta Ltd, set a limit of $100,000 for general damages. Adjusted for inflation, this cap is now slightly over $400,000. Only the most severe cases, such as quadriplegia or serious brain injuries, are likely to reach this upper limit. In most instances, general damages awarded will be significantly lower.
Special Damages
Special damages cover monetary losses, also known as “pecuniary losses.” These are easier to calculate since they represent specific amounts of money lost or spent due to an injury. Examples of special damages include:
- Medical Expenses
- Property Damage
- Out-of-Pocket Costs
- Loss of Competitive Advantage
Medical costs can include not only the treatment you’ve already received but also future medical care costs for as long as your injuries persist, potentially for the rest of your life. Similarly, courts consider loss of future earnings, estimating what you could have earned if you hadn’t been injured.
Special damages may also include:
1- Ambulance Bills
2- Towing and Repair Costs for Your Vehicle
3- Prescription Medication Costs
Unlike general damages, special damages are not capped in Canada. However, they are limited to the actual amount of money you have lost and are expected to lose as a result of your injuries. Although special damages do not increase due to emotional distress, they can cover costs like psychological counseling and psychiatric medications.
Consult a Lawyer
If you’ve been injured in an accident, it’s crucial to consult a lawyer like Mirian Law. Remember, if you’ve suffered a loss, you’d better call Ross!