As in any other country, a personal injury claim makes up a significant fraction of insurance and lawsuit claims in Ontario, Canada. Personal injuries is an umbrella category that covers injuries incurred inside school premises, slip and fall accidents within both public and private properties, injuries incurred from motor vehicle accidents, and compensation claims for defective or harmful products.
Liability
All compensation claims revolve around the concept of liability. In simple terms, a person or a party is “liable” is s/he is found guilty of causing the injury, whether consciously or out of negligence.
In theory, both the injured party and the property owner are responsible for the incidence of the injury. In court, the injured party needs to prove that s/he took all measures possible to avoid hurting him/herself. If the accident was proven to be a set-up, or if it was caused by the injured party’s own negligence for personal safety (i.e. ignoring warning signs, or intentionally driving under the influence of alcohol) s/he won’t be given ample compensation.
On the part of the property owner (e.g. grocery owners), s/he will need to prove that the accident wasn’t caused by his/her negligence to make the property safe for his invitees (costumers) and licensees (social guests). In cases of slip and fall claims due to wet floors, the property owner needs to establish that s/he had set up warning signs for the hazard. Wet floors which have been left unattended for longer than five minutes, without any warning signs whatsoever, can be grounds enough for a strong slip and fall claim.
In many instances, where the liable party is insured, the compensation for personal injury damages may be partly or wholly covered by the insurance policy.
Compensation coverage
Compensation for a personal injury claim covers both non-pecuniary and pecuniary damages. Non-pecuniary damages are also called “pain and suffering”. These are physical or psychological damages which cannot be calculated readily. In 2004, though, the Supreme Court of Canada made a ruling that a person’s pain and suffering can only amount to a maximum of $300,000.00. This means that if you’re filing for a personal injury claim, your non-pecuniary damages can range between $1.00 and $300,000.00.
Pecuniary damages are more tangible damages which can be given monetary values readily. This includes hospitalization, property damages, loss of salary, and other future damages which can be incurred due to prolonged or permanent injuries. Personal injuries which disable the injured party from performing his/her current job permanently usually amounts to a high compensation claim. Medical evidences, and in some cases economic opinions, are brought to court to support this claim.
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