When another party causes your injury, you could be entitled to compensation for your damages. Damages in a personal injury case include reimbursement for financial losses or pecuniary damages. However, you can also receive damages for your pain and suffering.
Non-pecuniary damages compensate you for the intangible harm caused by an injury. These damages may not have a bill or a price, but they are real damages experienced by injured victims. Hamilton personal injury lawyers seek fair compensation for your non-pecuniary damages in a personal injury case.
Non-Pecuniary Damages in Ontario Personal Injury Cases
Non-pecuniary damages represent the pain and suffering an injury or accident causes.
Examples of non-pecuniary damages include:
- Loss of life enjoyment
- Emotional distress
- Scarring and disfigurement
- Diminished quality of life
- Physical pain and discomfort
- Impairment and disability
- Psychological conditions
Insurance companies and defense lawyers try to minimize the value of non-pecuniary damages. Because these damages are subjective, they discount the pain and suffering you experienced. An experienced personal injury lawyer understands these tactics and how to maximize your damages to get the best possible settlement.
How Much Are My Non-Pecuniary Damages Worth?
The non-pecuniary damages an injured party receives for a personal injury claim depends on the facts of the case.
Factors that can impact the value of your non-pecuniary damages include, but are not limited to:
- The type and severity of the injuries you sustained
- The medical treatment required to treat your injuries
- Whether you sustain a permanent impairment or disability
- The amount of time you spend recovering from your injuries
- Your appearance before and after your injuries (i.e., scarring and disfigurement)
- The ability to return to work or earn an income
- The impact your injuries have on your daily activities and personal relationships
- The parties involved in your case
- Whether you could be partially at fault for causing your injuries
It is difficult to put a price tag on someone’s suffering and pain. Generally, catastrophic injuries and impairments increase the value of non-pecuniary damages. However, being partially to blame for causing your injuries can decrease the amount you receive for non-pecuniary damages.
How Does Comparative Negligence Impact How Much You Receive for Non-Pecuniary Damages in Hamilton, Ontario?
A defendant in a personal injury case can allege comparative negligence as a legal defense. A plaintiff is not barred from compensation for damages if they contribute to the cause of their injuries. However, the law allows the court to decrease the amount of compensation for damages by the plaintiff’s degree of fault.
Examples of comparative negligence include:
- A dog bite victim was taunting the dog before the attack.
- A car accident victim was speeding when a person ran a red light and hit their car.
- A pedestrian was wearing headphones and not paying attention to traffic when they entered a marked crosswalk.
- A person ignored warning signs that the stairs were broken when they were in the store.
If the court determines that the injured party’s actions contributed to the cause of their injuries, it reduces the plaintiff’s compensation by the percentage of fault.
For example, a judge decides that you were 20% at fault for causing a car accident. Therefore, you receive 80% of your damages instead of 100% of the value of your claim.
If it cannot determine the percentage of fault for each party, the law deems the parties to have contributed to the cause of the accident equally. Therefore, your compensation would be reduced by 50 percent.
What Is the Statute of Limitations for Non-Pecuniary Damages in Hamilton, Ontario?
The statute of limitations is the deadline for filing lawsuits against the parties who caused your injuries. Generally, you have two years from the injury or accident date to file a personal injury lawsuit in Ontario. The court can dismiss your lawsuit if you file it after the statute of limitations expires.
Remember, the two-year deadline is the general deadline. There could be exceptions in your case. Seek legal advice from an experienced personal injury attorney as soon as possible.
Schedule a Free Consultation With Our Hamilton Personal Injury Lawyers
You deserve to be compensated fully for all damages caused by an accident or personal injury. At Findlay Personal Injury Lawyers, we diligently pursue all sources of compensation for your case to maximize your recovery. Contact us now at (905) 522-9799 for a free case evaluation with an experienced Hamilton personal injury attorney.