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Motor Vehicle Accident Claims


Motor Vehicle Accident Claims

Generally speaking, if you have been injured in a motor vehicle accident as a result of the negligence of someone else, you can claim for any loss or damages arising out of that accident.

The main categories of compensation, known as “damages” are:

I. Pain and Suffering and Loss of Enjoyment of Life

Damages are awarded for injuries sustained as a result of a car accident. Those injuries are not limited just to pain and suffering, but also the associated loss of enjoyment of activities of daily living, inability to engage in your normal recreational or family activities and the emotional consequences of being injured.

In Canada there is a maximum upper limit with respect to the amount that can be awarded for injuries sustained as a result of an accident. All damages for injuries must be assessed in relation to the maximum upper limit.

II. Past Income Loss

You are entitled to damages for lost earnings if you have been unable to engage in your regular employment or business which has resulted in a financial loss, you are entitled to seek compensation. Calculating income loss for individuals that are business owners or run sole proprietorships can be a complicated and difficult a matter which may require the use of experts such as labour economists to properly assess the loss.

III. Loss of Earning Capacity or Future Income

A loss of future earning capacity arises if as a result of being injured in a motor vehicle accident you are rendered potentially less capable of earning income in the future. General guidelines which judges consider include:

  1.  Whether you have been rendered less capable overall from earning income from all types of employment;
  2. Whether you are less marketable or attractive as an employee to potential employers;
  3. Whether you have lost the ability to take advantage of all job opportunities which might otherwise have been open to you had you not been injured; and
  4. Whether you are less valuable to yourself as a person capable of earning income in a competitive labour market

The value of damages awarded for a loss of earning capacity varies widely depending on the circumstances of each case. The assistance of a Morelli Chertkow LLP personal injury lawyer can help you understand how these claims can be presented and valued.

IV. Cost of Future Care

If you are going to need medical assistance in the future because of your injuries, or if you are going to need assistance to look after your home, damages may be awarded to cover these expenses.

V. Special Damages

If you have spent money out of your own pocket to cover expenses such as user fees for therapies, medication, or mileage to get to and from appointments these can be recouped as well.

VI. General

The list of damages available to an injured person is complex and changes with the evolving laws. A Morelli Chertkow personal injury lawyer can help ensure that you receive full compensation for the past, present and future effects of your injuries.

Leigh Pedersen