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Understanding Personal Injury Law in Ontario

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Personal injury law is an exceedingly complex process that usually involved months of litigation, negotiation, and argument. Each case is going to be different, and each will need to be judged based on the evidence pertaining to it in order to come out to a fair conclusion. The only thing that they all have in common is that one party was responsible for injuring the other, and the injured party is entitled to damages. The court’s responsibility is to properly compensate the plaintiff for the injuries that they sustained, and in order to give some structure to the proceedings, losses are grouped into categories called heads of damages (or heads of loss). They are:

Expenses and losses

Being injured is often going to mean that you will incur both expenses and losses. The most common expenses will be things like medical care and transport costs. The largest “expenses,” however, will actually be in terms of losses. That is, the things that you now lack the ability to do because of your injury. This means loss of earnings from your job. Anything that has been reasonably incurred by your injury can be grouped under this head.

Loss of future earnings

Sadly, an injury often means that your life will now be completely different than it was previously. This means that you could incur severe loss of earning potential as life goes on. As an extreme example, say a professional athlete sustains an injury that limits his mobility. This will mean millions of dollars in losses to their potential earnings in the future. For a more everyday example, consider a taxi driver who can no longer use his feet to press the pedals. There are different modes of calculation, but they will extrapolate earnings into the future based on data and past earnings, and come to a figure via these means.

Quality of life

Although this is a very general head, there are many important losses that can be grouped under it. If you have been injured, the chances are that you won’t be able to get the same enjoyment out of life. This could mean that you’ve suffered a lot through your injury, you are now incapable of doing things you used to enjoy, you can no longer work an enjoyable job, and many other things that have taken away from your quality of life. These are very real effects, even though it can often be difficult to attach a monetary value.

When dealing with a personal injury case, it is important to know which heads are going to factor in to your settlement. Knowing what you are entitled to will help you better understand what you are going to get. These are the most common heads of damage that you can file claims under. If you have been injured, you deserve compensation. Let us help you get you what you deserve.



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Guest Thursday, 19 July 2018

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