WHAT TYPES OF AWARD CAN WE SUE FOR

We can sue the defendant for various amounts of money (referred to as 'damages') which are broken down into several categories. An injured person has three and possibly four potential categories of damages. These are as follows:

  • non-pecuniary general damages (commonly referred to as damages for pain and suffering, and/or loss of enjoyment of life)
  • past and future loss of income
  • loss of household and handyman capacity
  • possibly a fourth category of damages called Future cost of care

Although we will be suing the driver or owner of the vehicle that caused your injuries, the insurance company that insured that driver or vehicle will be responding and defending the claim as per their obligations under that contract of insurance. More importantly, if we win the case in a court of law, or agree to a settlement amount, that insurance company will pay the amounts agreed to or awarded by the judge or jury.

A claim for 'non-pecuniary general damages' (also commonly referred to as damages for 'pain and suffering') is limited to just over $300,000 as per limits set by the Supreme Court of Canada in a series of court decision during the 1970's.

The value of a claim for loss of income or other types of damages, such as future cost of care, technically has no upper limit. A jury is free to award whatever they feel is justified given the facts of the case. The value of a claim for income loss, or future cost of care will depend on such factors as how severely the claimant is injured, what they were earning before the accident, the cost of caring for them into the future, the age of the person at the time of the accident, and a variety of other factors. In very serious cases the upper limits of a claim is technically limited only by the value of the insurance policy that will be responding to the claim. Typically the average insured person in Ontario will have a policy worth at least $1,000,000. Commercial vehicles like cargo trucks typically carry at least a $10,000,000 policy. The value of the policy is the maximum total amount that an insur- ance provider will be obliged to pay out for your claim. Any amounts awarded or agreed to over and above that amount must either be recovered from the defendant directly, or are generally unrecoverable.

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