I SUFFERED INJURY AND PERSONAL LOSS, WHAT AM I ENTITLED TO?

(Also refer to the Dogs Bites, Slip and Fall sections of the site)

When one has suffered injury that may be the fault through another's negligent or wilful act, you may have the ability to seek compensation against the at-fault-party. The type of compensation you are entitled to depends on many factors. Your specific entitlement may vary depending on how the accident or injury happened (i.e. auto accident, slip and fall, medical negligence or assault, etc. There are some circumstances, such as work related accidents, whereby one's ability to obtain compensation is limited because it is governed by provincial legislation (such as in worker's compensation claims).

WHAT CAN BE CLAIMED?

Non-Pecuniary General Damages
This is money that is awarded to compensate someone for the pain, injury, ill feelings and inconvenience that can be caused by an accident. There are many of factors that come into play in determining what this amount will be. One of the most significant factors is the impact it has had on someone's life and whether or not the injuries a victim has sustained have resulted in any permanent, physical or psychological disability. These amounts vary widely. Generally we do a careful review to see what courts have recently awarded individuals whom have suffered similar injuries and were in similar circumstances (i.e. age, previous lifestyle, etc.). This will give us an idea as to the range of what is appropriate.

Wage Loss
If your need for ability to work has been affected, you may be entitled to compensation for lost wages.

Compensation for Loss of Working Capacity
If the injuries you or a loved one sustained are serious enough that it affects his/her ability to work in the future, the injured party may be entitled to monetary compensation. If the individual can still work but the amount of work an injured person can reasonably do or the type of jobs he/she can do are more limited, there still can be compensation awarded for loss of working capacity. There are many factors that come into play to determine what is an appropriate quantum. Your work history and education is relevant. Actuarial evidence is provided to give us an idea of what a present day value of one's loss of future wages might be. This is often the most significant part of an individual's claim if he/she has suffered a significant injury.

Costs of Future Care
Often when one is injured, the prospects of how you will pay for future rehabilitation can be daunting. Although the province pays for most basic care, necessary appliances such as back braces, certain types of prosthetics, physiotherapy or occupational retraining are often not covered. These costs can become great and an injured party's ability to insure that he/she has the proper rehabilitation plan is essential to one's recovery. We can insure that costs of your rehabilitation are properly calculated and claimed. Often a rehabilitation consultant is employed to review what the injured party's specific needs might be. It is essential that future costs and rehabilitation not be overlooked.

Costs
It is a basic rule of thumb, if you are injured and incur a certain expense that you would not have incurred "but for" the accident, it is usually something that can be claimed against the individual party that caused the injury. Accordingly, it is important to keep all receipts. This includes everything from medical related expenses to housekeeping and/or child care expenses and even mileage to and from the doctor.

Loss of Housekeeping Capacity
If the injuries someone sustains are significant enough that they affect the injured party's ability to perform essential housekeeping tasks, such as cooking, cleaning, yard work, etc., compensation can often be awarded. The amount that is appropriate depends on many circumstances such as the degree of disability, the sort of work the injured party would normally have otherwise done etc.

Other Aspects of Compensation that can be Claimed
The above-noted categories are not exhaustive and depending on the injured party's individual circumstance, there may be other losses that can be appropriately claimed against the party that caused the injury. Furthermore, the injured party's individual circumstance will have significant bearing on whether or not a claim under one of the above category of damages can be properly and fully quantified. Accordingly, it is appropriate that legal advice be obtained to assist the injured party or the injured party's loved ones, with insuring that a claim is properly advanced and the injured party's needs are appropriately considered. At AULD ALLEN we have assisted hundreds of individuals throughout the province with personal injury claims occurring from the variety of causes. We are pleased to provide you with a complementary consultation.