The right to compensation, an amount of money that an attorney would refer to as damages, goes to the victim that can produce evidence of negligence on the part of the other party.
What questions should be asked, in order to prove the other party’s negligence?
Did that other party have a duty of care towards the person that eventually became an injured victim?
Assuming that the other party did have such a duty, how did he or she breach that duty?
What damages did the victim suffer, due to the fact that the other party failed to live-up to his or her duty? Of all the questions that need to be answered, this is probably the most important one. It must be shown that the actions taken by the negligent individual, the one that breached his or her duty caused the injury suffered by the victim of the resulting accident.
What was the nature of that resulting accident? How severe were the victim’s injuries? How did those injuries affect the victim’s future?
If a resident of Ontario can prove that another party to an accident had demonstrated negligence, what damages could he or she recover?
The victim’s medical expenses, both those expenses that could be demonstrated by recent bills and those expected in the future. The income lost by the victim, when he or she could not go to work and had to call in sick along with the loss of future income. It includes any loss that might have resulted from a scarring of the victim or a disfigurement of that same individual.
Any loss that has resulted in a disability, an inability to carry out a basic body function, and one that has been saddled on the victim.
Any loss that has been caused by the victim’s pain and suffering. Residents of Ontario should note that the current law puts a cap on any money that can be awarded a victim, even one that has claimed to have endured pain and suffering. Due to the placement of that cap, the victim of an accident in Ontario cannot claim more than $366,000 for pain and suffering.
What is meant by recoverable damages?
The money that an accident victim can claim, in the form of compensation falls under the category recoverable damages. Personal Injury Lawyer in St. Catharines like to use that term, because it highlights that fact that the victim could get deprived of some money, which could be used to compensate for additional losses. The same lawyers feel sorry for the victims that must spend the rest of their lives in a wheelchair, but still find that the government refuses to grant more than $366,000, in terms of specific recoverable damages.