General Damages vs. Special Damages in Ontario Personal Injury Claims
If you have been injured in a car accident, slip and fall, or another type of accident, one of the first questions you may have is: How much compensation can I receive for my personal injury claim?
The answer depends on several factors, including the nature and severity of your injuries, the impact those injuries have on your life, your financial losses, and the evidence available to support your claim.
In Ontario personal injury cases, compensation may include different types of damages. Two important categories are general damages and special damages. Understanding the difference between these types of compensation can help you better understand what may be considered when determining the value of a personal injury claim.
What Are General Damages in a Personal Injury Claim?
General damages compensate an injured person for losses that are difficult to assign a precise dollar value. These damages are often associated with the physical, psychological, and lifestyle consequences of an injury.
Unlike medical bills or lost income, there is no receipt that establishes the value of pain, suffering, or the loss of enjoyment of life. Instead, the circumstances of the injury and its impact on the individual are carefully assessed.
General damages may include compensation for:
Pain and Suffering
An injury can result in ongoing or temporary physical pain and discomfort. General damages may account for the severity, duration, and impact of that pain, as well as the person's recovery and prognosis.
Emotional and Psychological Distress
Serious injuries can affect a person's mental and emotional well-being. Depending on the circumstances, compensation may take into consideration psychological consequences such as anxiety, depression, stress, or trauma resulting from the accident.
Loss of Enjoyment of Life
An injury may prevent someone from participating in activities, hobbies, sports, social events, or other aspects of everyday life they previously enjoyed. The effect of these limitations may be relevant when assessing general damages.
Loss of Companionship and Relationship Impacts
In appropriate circumstances, an injury can affect a person's relationship with their spouse or family. Canadian law recognizes certain claims that may arise from these relationship impacts, depending on the circumstances of the case.
Because general damages are inherently personal, evidence from the injured person, healthcare professionals, medical specialists, and other qualified experts may be important when demonstrating the full impact of an injury.
What Are Special Damages in a Personal Injury Claim?
Special damages refer to financial losses and expenses that can generally be calculated and supported with documentation. These damages are intended to compensate for economic losses arising from an injury.
Depending on the circumstances of a claim, special damages may include:
Medical and Rehabilitation Expenses
An injured person may incur expenses for medical treatment, rehabilitation, therapy, medication, assistive devices, and other services related to their recovery. Certain future treatment and care expenses may also be relevant to a claim.
Lost Income
If an injury prevents you from working, you may experience a loss of income. Depending on the circumstances, a personal injury claim may also consider the effect an injury has on your future ability to earn income.
Property Damage
When an accident results in damage to personal property, the cost of repairing or replacing the property may be considered as part of the losses arising from the incident.
Other Out-of-Pocket Expenses
Injuries can result in additional expenses, including transportation to medical appointments, housekeeping or caregiving services, and certain necessary home or vehicle modifications.
Keeping receipts, invoices, pay records, treatment records, and other supporting documentation can help establish these financial losses.
What Is the Difference Between General Damages and Special Damages?
The primary distinction between general and special damages is how the loss is measured.
General damages address non-financial losses, such as pain and suffering and the loss of enjoyment of life. These losses are more subjective and require an assessment of the individual's specific circumstances.
Special damages address financial losses that can generally be quantified using documentation such as receipts, invoices, employment records, and other financial evidence.
Both categories can be important when determining the overall compensation that may be available in an Ontario personal injury claim.
How Is Compensation Calculated in an Ontario Personal Injury Claim?
There is no single formula that can accurately determine the value of every personal injury claim.
The assessment of damages depends on the facts and circumstances of each case. Factors may include:
- The type and severity of the injury
- The duration and intensity of pain and suffering
- The prognosis and expected recovery
- The impact of the injury on employment and income
- The cost of medical treatment and rehabilitation
- The effect of the injury on daily activities and independence
- The impact on hobbies, recreation, and quality of life
- The need for future medical care or assistance
- The effect of the injury on personal and family relationships
- Medical, financial, employment, and other supporting evidence
When assessing general damages, lawyers and courts may also consider previous decisions involving comparable injuries. The circumstances of each individual remain important, however, and compensation cannot be determined simply by applying a standard multiplier to financial losses.
Why Evidence Matters in a Personal Injury Claim
Strong evidence can play an important role in establishing both economic and non-economic losses.
Medical records can help demonstrate the nature and severity of an injury, while employment records may establish lost income. Receipts and invoices can document expenses, and testimony from the injured person can help explain how the injury has affected their daily life.
Depending on the case, medical professionals, rehabilitation specialists, vocational experts, and other professionals may provide evidence concerning the person's recovery, limitations, future needs, and ability to work.
A personal injury lawyer can help identify the evidence needed to properly document the losses associated with your claim.
Speak With an Ontario Personal Injury Lawyer at JSM Law
If you have been injured because of someone else's negligence, understanding your legal rights and potential sources of compensation is an important first step.
At JSM Law, our Ontario personal injury lawyers represent individuals who have suffered injuries in car accidents and other types of accidents. We take a thorough, client-focused approach to assessing personal injury claims and work to ensure that the physical, emotional, financial, and practical consequences of an injury are properly considered.
Our team understands that every personal injury case is different. We carefully review the circumstances of your accident, your injuries, medical treatment, financial losses, and the effect the injury has had on your everyday life.
Looking for a Car Accident Lawyer in Ontario?
If you have been injured in a motor vehicle accident, speaking with an experienced car accident lawyer in Ontario can help you understand your legal options and the steps involved in pursuing a claim.
JSM Law serves clients throughout Ontario, including individuals searching for a car accident lawyer in Oakville, Newmarket, Brampton, and surrounding communities.
Contact JSM Law to discuss your circumstances and learn more about your potential personal injury claim.
Frequently Asked Questions About Personal Injury Damages
What is the difference between general damages and special damages?
General damages compensate for non-economic losses such as pain and suffering and loss of enjoyment of life. Special damages generally relate to financial losses and expenses that can be documented and quantified.
Can I claim medical expenses after a personal injury in Ontario?
Depending on the circumstances, certain medical, rehabilitation, and related expenses may form part of a personal injury claim. Documentation supporting these expenses can be important.
Can lost income be included in a personal injury claim?
Depending on the circumstances, an injured person may be able to seek compensation for income losses resulting from their injury, including certain future income losses.
How much are pain and suffering damages worth in Ontario?
There is no fixed amount for pain and suffering. The appropriate amount depends on factors such as the nature and severity of the injury, recovery, prognosis, and its impact on the person's life.
Do I need a personal injury lawyer in Ontario?
You are not required to hire a lawyer to pursue every personal injury claim. However, an experienced personal injury lawyer can help you understand your rights, assess the evidence, identify potential sources of compensation, and navigate the claims process.