If you are injured in a car accident caused by someone else’s negligence, you could receive compensation, called damages, for the injuries sustained. There are different types of damages available, including general damages and special damages.
General damages are meant to compensate for non-pecuniary losses, such as pain and suffering, loss of life enjoyment and loss of companionship. Quantifying general damages can be difficult, as they compensate loss that is somewhat subjective.
General damages are capped at approximately $400,000.00, an amount that changes with inflation.
In Visser v Cheema, the plaintiff was awarded $315,000.00 in general damages, for injuries sustained in a car accident.
In another case, Stapley v Hejslet , the plaintiff was injured in a motor vehicle accident. and was awarded general damages of $175,000.00.
Special damages provide compensation for specific financial losses incurred as a result of another person’s negligence. Special damages include damages for loss of income (past and future), future cost of care, and medical expenses.
Loss of Income
You could be awarded loss of income damages if, as a result of injuries sustained in the car crash, your income decreases or is likely to decrease in the future.
If, for example, you sustain injuries that prevent you from working, or require you to reduce the hours that you work (and consequently the pay you receive), you could be awarded loss of income damages.
In Hummel v Jantzi, the plaintiff was severely injured while the passenger in a motor vehicle. He was awarded approximately $2.1 million in loss of income damages. He was also awarded $300,000.00 in general damages, and approximately $9 million in future costs of care.
Future Cost of Care
Future cost of care damages apply if, as a result of your injuries, you will require care (and therefore costs), that you would not have incurred had you not been involved in the car accident.
Future cost of care damages will be awarded even if it is a family member that is caring for you.
These damages could be awarded if, for examples, injuries sustained prevent you from being able to perform necessary personal care tasks by yourself, such as dressing or preparing meals for yourself, such that you require assistance.
In Warwick v Diwell, the Plaintiff was paralyzed in a car accident. She was awarded approximately $3.1 million in future care costs.
Medical damages compensate for costs you incur as a result of your injuries. For example, if you require physiotherapy to treat injuries sustained in the car accident, costs of physiotherapy would be awarded under out of pocket damages.
In X v Y, the Plaintiff was awarded a total of approximately $479,000.000 in damages. Of the damages awarded, $2180 was for medical expenses incurred, including physiotherapy costs and psychological treatment.
If you have been injured in a car crash, we can help advance your claim. We conduct these types of cases on a contingency basis. We only charge you fees if we get you money.