Personal Injury

Our litigation lawyers have a substantial amount of experience in handling personal injury claims. They have litigated against most of the leading insurers in Canada and have successfully represented clients at all levels of courts in Ontario.

The following are some examples of our personal injury practice:

  • Injuries sustained on the premises of educational facilities such as a school
  • Slip and fall incidents on private or public property
  • Motor vehicle accidents
  • Product liability claims

For claims involving personal injury, we offer a free initial consultation with our litigation lawyers and we will consider accepting the case on a contingency basis.  For additional information on personal injury claims in Ontario, please read the article below:

 

Damages for Personal Injury in Ontario

By Steven Bellissimo

 

Scenario: You are walking past a construction site when you suddenly lose traction and fall to the ground. You are unable to get up and someone comes to your assistance and calls an ambulance. While you are on the ground you look around and notice that there is a tremendous amount of gravel, rocks and sand in the area where you were walking that appears to have gathered as a result of the construction. You also notice that there are no signs in the area warning you of the dangerous conditions and asking you to use caution or to use the other side of the road.


The ambulance arrives and takes you to the hospital. At the hospital, you discover that you have fractured your ankle in three places and that you will require surgery and will be in a cast for 6 - 8 weeks. The doctor also tells you that you should take it easy and that you should avoid returning to your job.

What are your rights?

 

In Ontario, whenever you are injured and someone else is at fault, you have a right to sue the person to recover damages. This article will not discuss issues about who is to blame for your fall. Instead, the focus will be on what you may legally be entitled to recover from the party that has caused your injury (in this case, for the sake of argument, let us assume it is the construction company).

In Ontario, there are generally two types of damages, damages that can be calculated (pecuniary damages) and damages that cannot be calculated (non-pecuniary).

 

Damages for Pain and Suffering (Non-Pecuniary Damages)

In the above scenario, you will obviously suffer pain following the injury. There is the initial pain you feel directly after the fall and the pain that you will feel following surgery and in the months or years that it will take to recover. In some cases, your injury may never fully heal and you will live with the pain for the rest of your life. Our Courts can compensate injured victims for their pain and suffering.

There is no science to calculating the value of a person's pain and suffering. However, in 1978, the Supreme Court of Canada ruled that the maximum amount that a person can recover for pain and suffering is $100,000.00. Since that time, inflation and increases in the cost of living have increased that amount to approximately $300,000.00 (as of 2004). Therefore, the range of damages awarded for pain and suffering range anywhere from $1.00 to $300,000.00.

In Ontario, a variety of factors go into determining the amount that a Court will award for pain and suffering. Factors that the Courts will consider are:

  • the age of the injured person;

  • the severity of the injury suffered;

  • the length of time it will take the injury to heal;

  • the nature of the treatment required to treat the injury (is surgery necessary);

  • the length of time that a person is hospitalized or sent to rehabilitation;

  • the physical and emotional limitations that the injury will cause the injured persons, both in the short and long term; and

  • any pre-existing injuries that the injured person had when they were injured.

The above are merely a handful of the factors that a Court will consider. You should consult with your lawyer to determine if there are any other factors that will be important in your situation.

Damages - Loss of Income, Medical and Rehabilitation Expenses, Home Care Expenses

 

In addition to damages for pain and suffering, a Court in Ontario can award an injured party damages for other losses that they have suffered or which they will suffer in the future.

For example, in the above scenario, the injury may result in a person being unable to work for 3 months. It may also require extensive physiotherapy treatments and the need to purchase crutches, an air cast and pain medications. If you have a family and are the person primarily responsible for looking after meals, cleaning and other daily chores, you may be required to hire someone to assist you. All these expenses can be recovered from the party that is at fault.

Stated differently, you would be able to recover the three months of lost salary, the costs of physiotherapy treatments, crutches, the air cast and pain medications. In addition, you will also be able to recover the costs paid to any parties to assist you with your day-to-day activities.

Often with a serious injury, you will require further surgical treatment and rehabilitation in the future. For example, you may develop severe arthritis or other physical problems which will require surgical intervention. You can recover your future loss of income, care and rehabilitation costs from the party at fault.

Because these damages are damages that have not yet been suffered, it will be necessary to obtain medical opinions about how your injury will progress in the future and what surgical interventions you will require and what limitations these interventions will cause in your ability to work, to look after you and your family. It may also be necessary to obtain a report from an economist, actuary and/or a rehabilitation specialist to fully determine the amount of your future losses.

In contrast to damages for pain and suffering, damages for loss of income, care and rehabilitation costs do not have a limit and are based on the injured person's circumstances.

Based on the above, it is crucial when selecting a lawyer to handle your file that you inquire about their experience in handling personal injury cases - simply stated, any personal injury claim that justifies legal action will require a substantial amount of work that only an experienced personal injury lawyer can undertake or supervise.

Contact: for all matters related to personal injury claims, contact Steven Bellissimo.