The compensation from a car accident settlement in Ontario depends on many factors. Understanding the key categories of compensation can help provide a clearer picture of what you may be entitled to:
- General damages: These are damages to
compensate you for your pain and suffering. This category considers
factors such as: what injuries you sustained, your recovery, what
ongoing physical, cognitive or psychological deficits you still
have, how the accident has affected your ability to engage in
activities that you did and were important to you before the
accident, your capacity to work, the impact of your injuries on
your relationship with family and friends and any other unique
circumstances that apply in your case.
- Note: In car accident cases only, general damages are only available if you meet Threshold, meaning your injuries are permanent and seriously impairing either your ability to work or to perform your activities of daily living. Even if you meet Threshold, a Deductible may apply.
- Loss of Income: If you are unable to return to work, earn less income, or your ability to pursue promotion or opportunities is affected by injuries caused by the accident – you likely have a claim for loss of income or loss of competitive advantage. Expert medical and other evidence is often obtained to assess these claims and to determine a fair amount of compensation.
- Past or Future Care Costs: You may also be
entitled to compensation for treatment, housekeeping, attendant
care, medications, assistive devices or other necessary support.
Many settlements include compensation for both past and future care
costs, particularly in cases involving serious injuries. Expert
opinions are often needed to determine long-term care needs.
- Note: In car accident cases, typically you are required to access No-Fault Accident Benefits to the extent possible, as well as any other medical benefits available to you, including through your employer, spouse or family member.
Other categories of compensation in car accident cases include: Out of Pocket Expenses, Pre-Judgment Interest (interest that accumulates on some categories of your damages as it is litigated), Disbursements (expenses required to advance your case such as Court filing fees, expert evidence and a long list of other items), and a Contribution to Legal Fees. In many cases, claims are also advanced by the family members of the individual injured in the accident. Direct family members may claim for loss of or a diminished relationship and for past care or services provided to the person injured. Other claims may be advanced by family members, depending on the circumstances.
The overall value of your settlement is a combination of the above categories, along with consideration of any risks associated with your case. Since each case is unique, the assessment and amount will vary.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
