How much is my case worth, is one of the first questions when you have been hurt in an accident. The solution is not a straightforward one, but there are definite ways in which lawyers and insurers estimate the compensation. To set realistic expectations and ensure the right safeguards are in place, being aware of settlement calculations could work in your favour, should you need to file a claim for personal injury in Ottawa.
Quick Answer
Settlements often involve a mixture of two types of damages:
- Economic damages – measurable economic damage, including medical and rehabilitation costs and lost earnings. These are referred to as pecuniary damages.
- Non-economic damages – intangible losses such as pain, suffering and emotional trauma. These are non-pecuniary general damages.
Key Takeaways
- Personal injury settlements are a combination of economic damages and non-economic damages.
- Costs that can be measured based on factors such as specific incurred expenses, represent special damages; which are a form of pecuniary damages.
- Financial damages that cannot be particularized with specificity but are for things like future income loss, or rehabilitation expenses, are called pecuniary general damages.
- and non-economic damages are the human impact of the injury. These are non pecuniary general damages.
- There are specific regulations in Ontario, including pain and suffering thresholds, deductibles and limitation periods.
- Experienced legal counsel will help to maximize settlement.
The Building Blocks of a Settlement
Economic Damages (Pecuniary General Damages)
These are simple, as they are accompanied by documentation. They include:
- Medical expenses include emergency treatment, rehabilitation, prescriptions, and subsequent treatment.
- Lost wages refer to the money lost due to a recovery and the reduced potential future income.
- Other expenses include travel for appointments, adjustments to the home, childcare, and assistive devices.
Non-Economic Damages (non pecuniary general damages)
Non-economic damages refer to the intangible costs associated with an accident. These are more difficult to measure, yet are equally real:
- Physical pain, suffering.
- Anxiety and emotional distress.
- The inability to enjoy life (e.g. inability to play sports or perform hobbies)
- Third-degree burns, permanent scarring, disability, or disfigurement.
Local Factors in Ottawa and Ontario
The Ontario law introduces additional complexities, making the straightforward calculations less predictable.
- Pain and suffering threshold: For automobile collisions, you can only recover pain and suffering if your injury is permanent and serious.
- Statutory deductible: For many automobile claims below a monetary threshold, an amount is subtracted from general non pecuniary damages awards. This can greatly decrease compensation.
- No-fault insurance benefits: Ontario accident victims are entitled to obtain some benefits (such as medical and rehabilitation coverage) through their own insurance company, whether or not the victims are at fault.
- Contributory negligence: When you are partially responsible, the compensation you receive is lowered as per your percentage of blame.
- Limitation periods: In most cases, a personal injury lawsuit should be initiated within two years after the date of the accident.
Due to these reasons, having a Ottawa injury lawyer may be the difference between a just settlement and a missed payday.
Why Negotiation Matters More Than Math
You or your insurer can come up with a calculation of damages but it must be supported by evidence. Some of the evidence to support your claim for damages can include but is not limited to:
- Medical reports that demonstrate the long-term effects of your injuries.
- Professional opinions concerning future needs of care.
- Vocational tests to demonstrate less earning power.
- Economic loss reports outlining your future income losses.
- Testimonies that prove how your way of life has transformed.
Persuasive advocacy will help make the formula realistic and not only convenient to the insurer.
Practical Settlement Considerations
- Future damages: Do not settle early. You need to fully understand how your injuries and impairments will impact your future; such as your ability to work or future rehabilitation needs.
- Emotional weight: The psychological weight of the trauma is a valuable aspect of compensation, even when it is more difficult to quantify than an objective injury such as a broken bone.
- Policy limits: The at-fault party may have its insurance policy place a limit on settlements. The minimum in Ontario is $200,000 but most automobile drivers have at least one million dollars.
- Timing: Insurers may offer low settlements. Better results are usually achieved through patience, attending recommended treatment building your case with the assistance and guidance of an experienced personal injury lawyer.
Conclusion
Laws in Ontario provide special rules, and insurance companies usually seek to reduce payouts. In case you have been injured in Ottawa, or anywhere across Ontario, talking to an experienced lawyer for personal injuries will guarantee that your settlement is not only based on the figures, but also on the experience of the injury.
A fair settlement is not merely a matter of adding up bills, but it is a matter of regaining dignity, security, and peace of mind following a life-altering incident.
Frequently Asked Questions
Can a claim be filed if the individual is partially at fault?
Yes, Ontario law is based on the principle of contributory negligence. If you were partially at fault, your compensation will be reduced by the percentage of fault. Despite having shared liability, you might still claim substantial damages when you employ a qualified Ottawa injury lawyer.
How long do settlements take?
Times of settlement differ greatly. Simple cases with minor injuries might be resolved within months, and complicated cases with permanent or serious injuries can require years. Timing is affected by negotiation, the length of medical treatment, and insurance strategies, and requires patience and the assistance of a lawyer.
Will my case go to trial?
The majority of personal injury cases in Ottawa are resolved during negotiations or mediation before trial. But planning as though you were going to court enhances your bargaining power. In case of failed negotiations, a lawsuit can help you obtain the compensation you rightfully deserve. A lawyer defends your rights.
What happens in case my injuries do not meet the Ontario threshold?
Ontario law restricts the amount of damages for pain and suffering to the injuries that are serious and permanent. You still could claim economic damages such as lost wages if your injuries are lower than this threshold. A lawyer can explain your eligibility.
In what ways can I know whether my offer is fair?
You should receive a fair settlement that takes into account your economic losses as well as the severity of your suffering. The insurers can underestimate claims, and it is best to compare the offer with the losses you have prepared a claim about and use the services of an Ottawa injury lawyer to be sure that it is fair and accurate.