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Personal Injury Lawyers in Toronto
  • Car Accidents
  • Motor Cycle Accidents
  • Trucking Accidents
  • Accident Benefits
  • Slip And Fall
  • Work Place Accidents
  • Wrongful Death
  • Short Term Disability
  • Long Term Disability
  • Medical Malpractice

Potential Remedies for Litigants in Personal Injury Damages

A personal injury case starts with establishing negligence and it means the recognition of a legal obligation and breach of that legal obligation. Then, the accidental case requires establishment of the second prong of causation. Lastly, damages are the final part of a plaintiff’s case which must be established.

An injured party can recover damages potentially in a personal accident suit provided the three things can be proved by he or she. The factors include:

  • that a company, entity or person was negligent
  • that the negligence of the person, company or entity was the cause of the accident of the injured party
  • that the injured party was not negligent

Types of Damages

There are two types of injuries that a victim party can recover potentially in a personal accident lawsuit. Leading Personal Injury Lawyers in Toronto can also help you in these categories including compensatory damage as well as punitive damage. It is crucial to realize that though there are only two classes of damages available to personal injury litigants as potential remedies, it does not translate into a claimant’s ability to recoup such damage.

Compensatory Damages

This type refers to the damages that are a form of compensation or payment for the sustained injuries and losses of the injured party. The compensatory accident types include bodily injuries, future and past effects of injuries on the victim party’s overall health function or any physical impairment, future disfigurement, past disfigurement, future physical pain, past physical pain, anguish or mental distress, inconvenience, future medical costs, previously incurred medical costs, lost past wages or earnings, loss of consortium, lost future earning capacity, loss of household or domestic services and damage to property.

Economic and non-economic damages come under the category of compensatory damages. Economic damages refer to the loss of things that might cost money where as intangible types of losses are referred to as non-economic damages. Non-economic damage covers embarrassment, humiliation, pain, suffering, disfigurement, loss of household or domestic services, and lost ability to live life with every enjoyment.

Punitive Damages

This type of damages is considered as “punitives” in the law industry shorthand. As an opening premise, punitives in all circumstances are not recoverable. Punitives are not economic or non-economic damages as these are not intended for any loss compensation. Instead, this type of damages is sparingly used in restricted situations to penalize the party causing the accident. The public policy and legislative purposes behind such damages are meant to address the tortfeasor’s behavior which is regarded as very hazardous or reckless. Lawmakers consider the conduct as a demonstration of malice or intentional disregard for others’ rights, safety and health. It is actually rare cases, when punitives are paid to the injured party because they are very limited in a personal injury case.

Settlement Affected by Cord Injuries

Spinal cord injury may cause a number of disabilities. The extent and type of trauma you experience can have great effect on your settlement in a personal accident case. A severe injury refers to the lack of all sensory and motor movement below the degree of injury. An incomplete spinal cord injury means there is some voluntary sensory or motor function below the injury level.

The major types of cord injuries include:

  • In cases, like Central Cord Syndrome the spinal cord center is damaged with less severe sensory or motor functions especially in the lower extremities. Victims may lose the ability to move their arms and such cases can hugely affect your settlement if it is a case of paralysis.
  • Anterior Cord Syndrome is a partial cord injury that can paralyze the front portion. Victims may experience a reduced ability to sense temperature and pain, though the sense of touch is retained. Some patients often regain a level of movement. The inability to sense temperature or pain can make a substantial settlement.
  • Posterior Cord Syndrome is also an incomplete injury as victims retain motor and sensory function, but experience some loss of ability in the body to perceive fine touch and positioning of body parts. Such injuries may not produce a substantial settlement unlike other cord injuries.
  • Complete Cord Injuries are the most intense types of injuries as the spinal cord is divided into two. This can produce quadriplegia or paraplegia with the complete absence of all sensory, motor, and reflex activity below the injury level.

Injury can produce devastating physical, financial and emotional harm to the victims along with their families. For legal assistance, kindly contact us immediately to ensure legal timelines are not missed.

Galan Law
Personal Injury Lawyers

3200 Dufferin Street, Suite 401
Toronto, Ontario
M6A 3B2

Phone  :

416-640-2217

Fax      :

416-640-2216

Email   :

jgalan@galanlawfirm.ca

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