Filing For the Right Damages

Personal injury law is versatile and broad. That’s a fact. The reason for this is because it encompasses a large variety of possible causes that could lead to a case of that particular category. At the same time the cases themselves pose a great interest because there are different ways that they could develop into. Right of the bad, it’s important to understand that every province in the country of Canada is capable of coming up with its own particular legislative provisions which are going to be applied on its territory. This is particularly interesting but it’s also important to note that these provisions can’t contradict to the governmental statutes. However, this suggests that the city of Kitchener is going to be governed by the rules set forth by the province of Ontario.

Filing a compensatory claim for damages suffered in an accident is definitely not something that should be taken lightly. You can claim both physical and emotional damages as the law doesn’t make a difference between them when it comes to having merit for a case. However, the amount of compensation which is to be expected is greatly different. While there are currently no limits to your claim when you are seeking compensation for your pecuniary damages, a ruling of the Supreme Court of Canada issued back in 2004 makes it pretty clear that non pecuniary damages can be as much as $300,000. This means that you should fir your claim somewhere in the range between $1 and $300,000. However, if your claim is for more money than this, the court must reduce it accordingly.

Types of damages

Pecuniary damages can be based on documents. In fact, that’s the only way to prove that they have actually incurred. You should keep your medical bills, apothecary receipts and basically every single piece of document which states that you have made expenses in relation with your damages and their recovery. These are the only pieces of documents which you could use to prove that you have actually made those expenses.

Non-pecuniary damages on the other hand can’t be based on particular documentation. These are the so called pain and suffering and it should be based on things which are quite different from documents. For instance, the most common way to prove non-pecuniary damages is to call up a specialist to the stand who is then going to testify that the patients’ condition is indeed worse. The judge has to take these testimonials into consideration and come up with a discretional ruling every single case individually. Non pecuniary damages are incredibly important and they should be taken with the greatest care. Proving them is definitely not easy and a lot of effort should be made in this regard. Working with a good lawyer should be the first step to seek justice.