For many people injured in an accident, pursuing compensation for their injuries is a necessary part of their road to recovery. The first question we often get asked when meeting with an injured person is, “How much is my claim worth?” Unfortunately, the answer is often “It depends.” We know that can be frustrating to hear, but there are many factors that go into evaluating the value of a claim, and every case is different. Below are just some of the factors that may affect how much you might receive from a court in damages if you sue the person or persons responsible for your injuries. Continue reading
After the initial treatment of any injuries sustained, the first concern most people have following a collision is dealing with the damage done to their vehicle. This will involve obtaining funding for any necessary repairs or, if the vehicle is written off, receiving a lump sum payout for the value of the vehicle.
If you have collision coverage on your vehicle, your insurer will be able to assist you. If you are at fault for the accident, they will pay for your property damage, less your deductible. If another party is at fault, and that party has insurance, your insurer will usually pay for the damage to your vehicle less your deductible (although your insurer will likely waive the deductible if liability for the accident is not in dispute) and recover that amount from the at fault driver’s insurer. Continue reading
When you are injured in an accident, you can claim for different categories of losses. These categories are called heads of damage. One of these heads of damage is called general damages (also known as non-pecuniary damages). General damages compensate you for intangible losses like pain and suffering. You may also be able to claim special damages (sometimes called pecuniary damages), which are intended to compensate you for actual monetary losses that you incurred due to your injuries. Examples of special damages include economic losses (like loss of earnings or wages) and medical expenses (e.g., physiotherapy bills from the time of the accident until the time of the trial). Continue reading
Most of the time, when a plaintiff is injured and awarded damages by the courts, a lump sum payment will be ordered. Essentially, what this means is that the court will total all of the damage amounts from the various heads of damage that were awarded, such as general damages or cost of future care, and the total amount of money is ordered to be paid to the plaintiff all at once. However, on occasion the courts will order a structured settlement. A structured settlement is a settlement agreed to between the parties where the plaintiff receives the amount of their damages on a periodic, scheduled basis. Continue reading
What is a loss of consortium and can I be compensated?
“Loss of consortium,” is a claim made for damages suffered by a spouse or family member of the person who has been injured or killed as a result of an accident. The amount of your damage award will vary according to the severity of the loss of society and comfort of your spouse. In cases where your relationship has been reduced to that of caregiver/care receiver, you might anticipate damages for “loss of consortium” ranging up to $40,000 and beyond. If the loss of your companionship with your spouse is of limited impact, or limited duration, damages for loss of consortium will be much lower, perhaps only ranging from $7,500 and above. Continue reading
When a loved one is injured, you naturally want to help. Many spouses, parents, and other family members really step up to the plate to assist by providing caretaking, companionship, nursing, childcare, and transportation. Many also contribute financially by, for example, taking time off work or quitting their employment to take care of their injured loved one, refurbishing their homes to make them accessible and provide accommodation, or perhaps even purchasing adequate accommodation to meet the enhanced needs of their injured loved one.
Giving up a job, expending money on home renovations or buying accessible housing each have a big financial impact. Continue reading