How Are Damages Calculated?

How are damages calculated? When you are injured in a car accident or other accident, you may be wondering how much compensation you will receive. Calculating damages, in other words, determining the amount of money you will receive for the losses you have suffered, is based on different categories or “heads” of damages. There are non-pecuniary and pecuniary damages.

Non-Pecuniary Damages

Non-pecuniary damages are those losses that are more subjective and are not directly quantifiable in monetary value, for example, the pain and suffering you have experienced and the loss of enjoyment of life. General damages also referred to as damages for pain and suffering, include more than just your physical injures. General damages include the impact the accident has had on your quality of life, your relationships, and your emotional well-being.

The majority of compensation is typically for general damages and will range depending on factors such as the severity of your injuries and whether your injuries are short-term or permanent. Other considerations include your age and whether you are likely to experience long-term health complications due to your injuries.

You may be frustrated that you can no longer participate in the activities that you used to enjoy, or now have difficulty caring for your children. At James H. Brown & Associates, our experienced team of Accident Lawyers listen to you to understand how your injuries have impacted your life. We understand that the trauma from an accident extends far beyond your physical injuries. We advocate for you to ensure you get the compensation you deserve for the impact the accident has had on your life.

Pecuniary Damages

Pecuniary damages refer to losses that can be quantified in monetary terms. Some examples are ambulance bills and wage loss. Compensation for wage loss is often one of the greatest concerns for accident victims. If you have had to miss work as a result of the accident or if you are not able to return to work, you may be worried about how you will be able to support yourself and your family.

Loss of Income

Your ability to work after an accident may have been significantly impacted. You may have difficulty working on the computer, sitting or standing for long periods, or working the same number of hours you used to before the accident.

You may have been starting your post-secondary education or starting a new job. You may not know if you will be able to pursue your chosen career path. If you have to re-train for a less physically demanding job, you may not know if you will be able to afford to go back to school. You may not know if you will be able to get a job in another field. For others, they are well-established in their career and had planned to work past the average retirement age but are now uncertain if they will recover from their injuries. After an accident, there may be many uncertainties for the future. We can help you quantify this loss.

Loss of Housekeeping and Out of Pocket Expenses

If your ability to do the housekeeping has been limited as a result of your injuries, you may be entitled to compensation under this category, too. Keep your receipts for the expenses you have had to pay out-of-pocket, as a result of the accident. As an example, expenses for medications, slings, braces, or treatment, that were not covered under your individual health benefit plan or Section B Accident Benefits.  

Mitigating Your Damages

When it comes to compensation for your losses, you need to mitigate or reduce your losses as much as possible. Mitigating your damages also means following through on the treatments or therapies that have been recommended to you by your doctor. Get advice from your doctor on the best path for your recovery and follow up regularly with your health care providers. Let us handle the legal aspects so that you can focus on your recovery.

Help Me Understand How Are Damages Calculated

Speak to one of our Accident Lawyers today to help you understand how damages can be proven in your case so that you can focus on getting better. Ensure you get the compensation you deserve. The trauma of a car accident affects each person differently. Call us today so that you understand your rights to pursue compensation.   

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