By
Pace Law

How Are Personal Injury Damages Calculated?

September 21, 2015

When it comes to calculating personal injury damages, one size definitely doesn’t fit all.

Just as we are all unique individuals, every personal injury case is different. When calculating damages, the lawyer has to take into account many variables, such as the plaintiff’s age, work history, financial situation, number of dependents, type of injury, recovery prospects, medical care expenses, assistance required for personal care, housekeeping costs and much more.

In assessing a value of the claim, we need to consider the nature of the person’s injury and the affect it will have on their ability to work and participate in life’s daily activities. Some of the compensatory damages in a personal injury case are straightforward. It’s easy to quantify medical bills, for example. Others, such as putting a monetary value on pain and suffering, or the inability to enjoy favourite sports because of new physical limitations, are more difficult to calculate.

But again, when it comes to personal differences, you can see how some obvious ones would affect the amount of compensation awarded. For example, if a 20-year-old and a 75-year-old both suffered a horrible car accident and became quadriplegics, the younger person would obviously lose more years of earning power and be compensated accordingly.

Similarly, a businesswoman earning $100,000 a year would get more compensation than a man earning $30,000 as a cashier, because of her greater earning power.

Or if someone is slower to recover from an injury, experiencing more pain and suffering and requiring more medical attention, than another person, then they may be entitled to greater compensation.

While the first stage in calculating personal injury damages involves looking at differences, the next requires finding similarities. A lawyer will search for precedents – that is, how judges and juries have awarded similar cases in Ontario. If another person of a similar age, in similar circumstances has received a similar injury, then the amount they received in compensation might indicate what the client is entitled to.

Finally lawyers consider contingent factors that would affect the size of award. For example, if the court decided that your client’s actions contributed to the injury they received (contributory negligence), <link to contributory negligence blog post> then the settlement might be reduced accordingly.

There are other mitigating factors that could affect what a plaintiff receives. For example, if they aren’t doing the physical therapy recommended for them after an injury, that might reduce the reward.

All in all, trying to calculate personal injury damagers takes the full art and science of the legal profession.

If you need the help of lawyer specializing in personal injury claims, contact Patrick D’Aloisio at Pace Law Firm 647-826-0627, or email at:  for a free consultation.

Share This Post
Email
Facebook
LinkedIn
Twitter
Trending Posts
Read More Insights
Events
By
Pace Law
Pace Law Firm is always looking to expand our business and elevate it to the next level. On Thursday November 24th, Pace Law Firm attended the Canadian Mortgage Summit (CMS) to hear from the industry’s top mortgage brokers, lenders and solution providers.
Firm News
By
Pace Law
We are proud to announce that Pace Law has become a multi-service firm and is launching a new website to accommodate our growth in different areas of law!
Events
By
Pace Law
The National Day for Truth and Reconciliation takes place on September 30th for the second consecutive year. Each year, September 30th marks both Orange Shirt Day and National Day for Truth and Reconciliation.
Real Estate Law
By
Pace Law
In key Canadian cities, the housing inventory may reach a crisis stage, according to a recent analysis from RE/MAX Canada. The analysis confirms that governments must take quick action to address the critically low supply of available homes.
Personal Injury
By
Pace Law
As the winter months get closer, it is critical to plan ahead and take precautions as needed to reduce the likelihood of mishaps. Nearly 30% of all motor vehicle incidents, according to recent RCMP data, happened on slick, snowy, or icy roadways.
Real Estate Law
By
Pace Law
Two weeks after the provincial administration submitted Bill 109, the More Homes for Everyone Act, 2022, on March 30, 2022, it obtained royal assent on April 14. The last step needed for a legislative measure to become law is royal assent.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Scroll to Top