The range of remedies available to a plaintiff in a personal injury action the same as in any other civil proceeding. Generally, the primary remedy is monetary compensation [money]. Monetary compensation is usually referred to as damages. There are many types of damages that can be awarded in a personal injury action. In addition to damages, the court can make declaratory orders in respect of the rights and interests of the parties. In some cases, the court may also grant injunctions (injunctive relief).
What is the primary purpose of awarding damages to an injured person? The primary purpose of awarding damages is to place the plaintiff (injured person) back into position they would have been prior to the harm (injuries) having been committed. How is this achieved? In essence, the plaintiff will be restored to the position they would have been in prior to the incident by way of being granted monetary compensation. In some cases, if the actions of the person who committed the harm was so egregious the court could grant punitive or exemplary damages as well as aggravated damages.
Compensatory damages are generally divided into two groups: general damages and special damages. Special damages are damages where the actual amount of the loss or expense can be precisely determined, usually by a calculation, or a formula. Special damages usually include out-of-pocket expenses, medical expenses, rehabilitation expenses and other losses that can be measured such as past and future loss of income and future care costs.
General damages are compensatory in nature meaning the are damages awarded for the harm done to another. The term damages for pain and suffering is also used often interchangeably with the term “general damages”. Damages for pain and suffering are not easily calculable like special damages. These types of damages have to be assessed by the court who will consider things like the nature of the injury, the severity of the injury, the duration of the injury, the level and duration of the pain suffered by the plaintiff and the overall impact of the injuries and incident on the plaintiff’s life. In determining the amount of general damages the court will have regard to other decisions by other judges were assessed similar cases.
If you or someone you care about has been injured in an accident, our lawyers can provide a free consultation and assess all of the types of damages available specific to the particular case. Our experienced and knowledgeable Ottawa personal injury and accident lawyers provide free consultations and work on a no fee until you win basis. Contact us at 613-315-4878.
Ottawa injury and accident lawyers Marc N. Quinn 613-315-4878 firstname.lastname@example.org