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How Damages Are Assessed In An Ontario Personal Injury Case


By reviewing your unique circumstances and analyzing your case alongside a proven professional, you can gain a clear understanding of the potential damages from your personal injury case.

In this latest post we’ll explain how damages are assessed in personal injury cases.

Compensation Considerations

When a judge or jury assesses damages to be awarded from a personal injury case, they will consider the nature of your injuries and the treatment rehabilitation you require. But beyond these tangible costs, there are other compensatory damages or “impact costs,”decided based upon the impact of the injury on your life, employment and the potential impact in the future.

Analyzing the Nature of the Injury and Its Impact

In considering the damages awarded to you as the victim in your personal injury case, a judge will consider the following ways in which the injury has impacted you within your day to day life:

  • The nature of the injuryHas the injury left with you in extreme pain throughout the day? Are there treatments available that can help to mitigate your pain immediately? These are some of the questions the judge will consider in your case. The jury or judge may also consider the seriousness of the collision and the extent of damage; however, even in some minor fender benders serious soft tissue or other injuries can still occur.
  • The impact on your day to day lifeHas the injury prevented you from enjoying life with your family and friends? Are you able to resume your regular activities? The judge or jury will examine all evidence and consider the medical impact on your life both immediately after the incident and for the long-term.
  • The impact on your ability to workThis is particularly important If you work in a physically demanding position or one that requires a significant degree of concentration. Has the incident prevented you from working? You may be entitled to additional damages as a result of loss of income. If the injury has prevented you from working over a period of months or even into the future, this could significantly enhance the level of damages paid to you.

A personal injury can have a devastating impact on your life. It’s imperative you receive qualified legal guidance before moving forward with your case. Only then can you ensure you achieve the requisite compensation. To learn more on this important topic, contact our team today.