Understanding Damages for Brain Injury Laws in Ontario

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Depending on whom you ask, the law can have different purposes. For the vengeful among us, law is a punitive process, designed to seek out, prosecute, and punish the wrongdoers through physical or pecuniary means. For the more merciful, law is all about correction and rehabilitation—still seeking out wrongdoers but with the goal of turning them into right-doers. There is a middle ground between these two extreme of legal philosophy, though: the law of recuperation. Especially in the field of tort law, decisions aren’t proffered as a means of punishment, nor would they make any sense as a form of rehabilitation. The brain injury laws in Ontario make it clear that any damages should be meted out to restore the plaintiff to their normal lifestyle. But there are different types of damages under this framework.


Types of Damages in Brain Injury Lawsuits


Brain injury laws in Ontario usually result in damages. As noted above, these damages are usually remedial, however, that doesn’t mean that all types of damages are the same. There are a few types of damages in any tort case.


Compensatory Damages


Compensatory damages are the easiest to calculate of the various damage types. Also know as “actual damages”, these are the measurable, pecuniary damages that the plaintiff sustained as a result of the tort. In the case of a serious brain injury, compensatory damages would cover medical expenses and other monetary losses. Furthermore, consequential damages are a subset of compensatory damages that cover indirect monetary losses. For instance, if your traumatic brain injury forces you to lose time at work, consequential damages will cover that lost income.


General Damages


Doubly known as “non-pecuniary damages”, general damages are all those that can be attributed to non-monetary sources. As you might imagine, assigning monetary damage to non-monetary losses can be a complicated, nuanced process. The Supreme Court of Canada has thus capped the provision of general damages at $100,000 (this cap was set in 1978, however—adjusted for inflation, the cap is approximately $300,000.) General damages cover things like pain, suffering, loss of enjoyment, loss of comfort, disfigurement, and loss of amenities.


Special Damages


Perhaps better understood as another subset of consequential damages, special damages are the discrete expenses that the tortfeasor must pay to the plaintiff. For example, the specific medical bills from your severe brain injury treatment would be considered a special damage.


The above are only a few types of damages typical to brain injury law in Ontario. There are other types of damages as well, including liquidated damages, punitive damages, aggravated damages, nominal damages, and restitutionary damages. Remember, though, that the trial judge sets all these amounts without relying on any preexisting formula. This means that, when it comes to personal injury cases in Toronto, it’s essential that you seek out the best possible Toronto personal injury lawyer. Experienced lawyers will ease you through the case, preparing you for the difficult process that these trial can entail, all while doing everything in their power to secure the compensation you deserve. Get your free consultation today!