What Types of Compensation Can I Claim in a Personal Injury Case in NB, NS, or PEI

If you were injured as a result of a defendant’s negligence, then you are entitled to
monetary compensation (or, in legal terms “damages” or “compensatory damages”) for
the harm that you have suffered. This may include compensation for the following type
of damages:

1. General Damages

General damages are financial compensations for either reduced enjoyment of life or
the inability to do the activities they could prior to the injury. There are generally four
grounds upon which general damages can be claimed: pain and suffering; loss of
amenity or enjoyment of life; loss of consortium or companionship; and loss of peace of
mind. Personal injury compensation often includes general damages, which provide compensation for the physical and emotional distress caused by the injury.

General damages provide compensation for a number of consequences which flow from
a wrongful injury. The typical list of factors that a court will consider assessing damages
will include the following:

❖ Age of plaintiff;
❖ Nature of the injury;
❖ Severity and duration of the injury;
❖ Disability;
❖ Emotional distress;
❖ Loss or impairment of life;
❖ Impairment of family, marital and social relationships;
❖ Impairment of physical and mental abilities.

To ensure that the sums awarded for the same or similar injuries are consistent, the
courts will look to previous cases. There is a maximum amount that the court will award
for this type of compensation. This cap was determined by the Supreme Court of
Canada in 1978 when it decided an injured Canadian could not recover more than
$100,000 in compensation for general damages. This number grows each year with
inflation and now stands at approximately $400,000.

2. Special Damages

Special damages are much simpler to understand than general damages because they
refer to financial compensation for quantifiable losses suffered as a result of a
defendant’s actions or inactions. In other words, they are out-of-pocket expenses that
can be determined by adding up all the plaintiff’s quantifiable financial losses. However,
these losses or expenses must be proven with specificity in court. Which is why,
plaintiffs are reminded to keep all receipts and paperwork in order to prove the amount
of damage they have incurred because of the accident, whether it’s a motor vehicle accident or another incident. Once the special damages are
identified they can be computed to an exact dollar amount with precision.

Special damages can include housekeeping expenses, snow removal, lawn care, the
costs of repairing and/or replacing any damaged property, lost income, lost wages, and treatment
expenses.

3. Past Cost of Care

An individual who has been injured as a result of someone else’s alleged negligence
may file a claim for past cost of care. This claim covers any expenses caused by the
injury, including services provided up to and including the date of the settlement. If there
is no settlement, the claim will cover up until the first day of trial. These expenses
include health care costs, and possibly third-party benefits providers such as Blue
Cross.

When a person is catastrophically injured and requires care, family members or
third-party frequently step in to provide that care, even if it means quitting their jobs. If
this is the case, you may also file for past cost of care in order to receive compensation
for your service hours. This claim is typically calculated by multiplying the amount of
time spent caring for an injured loved one by the hourly rate of a community service
worker.

4. Cost of Future Care

In serious injury cases, the plaintiff will frequently require ongoing medical or personal
attention. If so, they will sue for the Cost of Future Care, which generally covers the
expenses required to treat and restore an injured victim to his or her pre-accident
position. The court will ask if the expense is “reasonably necessary” to allow their
plaintiff to function at or near his or her pre-accident level.

Future Care expenses from an accident due to negligence may also include:

❖ Medication;
❖ Rehabilitation therapy;
❖ Assisted living cost;
❖ Modifications to a home or vehicle;
❖ Care giver or home maintenance services;
❖ Special transportation needs;
❖ Health care services.

While a report from a doctor or specialist is not required for every expense, it is usually
prudent to have a life care plan or cost of future care report from an expert that
summarizes all expected expenses and, where possible, links those expenses to a
specific doctor’s recommendation.

Since Future Care expenses must be paid all at once, it is necessary to calculate the
amount of money that needs to be invested today to cover these expenses in the future.
An actuary or economist is often retained to provide these calculations