What Are General Damages in a Personal Injury Case?

Accidents strike without warning, and in an instant, life changes. Imagine you’re driving to work on a clear morning, when out of nowhere, another vehicle runs a red light and crashes into your car. The physical injury is immediate, but the emotional and psychological scars can often run deeper and last longer. The sleepless nights, the anxiety every time you approach an intersection, the loss of the things you once took for granted – these are real, and they deserve recognition. This kind of trauma, caused by someone else’s negligence, is a heavy burden to bear, both physically and emotionally.

In the aftermath of such an event, as you grapple with the upheaval, questions about monetary compensation and justice naturally arise. How does the law account for the anguish and disruption you’ve endured? What are general damages in a personal injury case, and how do they fit into your compensation? This is where the concept of general damages in personal injury claims comes into play. 

The Definition and Purpose of General Damages

In personal injury claims, general damages are awarded for the intangible, non-economic losses that an injured party endures. These aren’t costs you can easily tally up on a calculator; they encompass deeply personal experiences that can’t be neatly quantified – pain and suffering, loss of enjoyment of life, emotional distress, and other similar hardships.

General damages acknowledge these losses, offering compensatory damages for what you’ve endured.  General damages are referred to as non-pecuniary damages by lawyers and the court.  The general public often refers to general damages as “pain and suffering” damages.

Pecuniary vs. Non-Pecuniary Damages

Pecuniary damages, also known as economic damages, cover the clear-cut, financial costs you incur due to the accident. These include medical expenses, rehabilitation costs, lost wages, and other direct financial impacts. They’re measurable, quantifiable, and supported by evidence like invoices or pay stubs.

In contrast, non-pecuniary damages, which encompass general damages, cover the personal and psychological effects of an injury. They address the value of your lost experiences, the physical pain that persists long after your wounds have healed, and the emotional scars that may never fade. While pecuniary damages aim to restore your financial position, general damages seek to acknowledge the broader human toll of your injury.

How Are General Damages Calculated?

Determining the amount of general damages in personal injury cases isn’t a simple task. It requires a nuanced approach, considering various factors that paint a full picture of your suffering and loss. The severity of the physical injury is, of course, a critical consideration. A broken leg that heals in six weeks is different from a traumatic brain injury that alters the course of your life forever. The law recognizes these differences, and the financial compensation reflects them.

Another key factor is the impact of the injury on your daily life. Has your injury hindered your ability to work, pursue hobbies, or even enjoy the small pleasures of life? The disruption to your lifestyle is a significant element in calculating general damages. Factors such as age, pre-existing conditions, and the duration of recovery all play a role in determining the final figure.

But how exactly is this figure arrived at? Canadian courts often look to precedent – past cases with similar circumstances – to guide the award of general damages. Lawyers and judges will examine these previous cases, considering how similar injuries have been compensated to arrive at a fair amount. This reliance on precedent brings a level of consistency to general damage awards, but it also requires legal expertise to effectively argue for the most appropriate amount in each unique case.  Each award of general damages is an individual assessment of the impact of the injuries on that specific person’s life.

Ontario’s Cap on General Damages

In Ontario, the amount you can receive for general damages is not unlimited. There is a cap, established by the Supreme Court of Canada, which sets an upper limit on the amount that can be awarded for pain and suffering in personal injury cases. This cap was introduced to prevent excessively large awards and to maintain a level of fairness and predictability in the personal injury claims process.

As of 2024, this cap is at $450,000, and it applies primarily to the most severe cases – think catastrophic injuries that lead to permanent, life-altering consequences. Most cases won’t hit this ceiling, but it’s an important benchmark in the world of personal injury law.

Understanding this cap is vital for anyone considering a personal injury claim in Ontario. It provides a reality check on the potential outcomes and shapes the strategies used by lawyers to maximize compensation within the boundaries of the law. But it’s also a reminder that general damages are not about hitting the jackpot; they are about fair recognition of your suffering and loss.

The Importance of Experienced Legal Representation in Your Personal Injury Case

When you’re dealing with the aftermath of an accident, trying to quantify your pain and suffering on your own can be overwhelming, if not impossible. This is where the expertise of a seasoned personal injury lawyer becomes so important. At McNally Gervan, we have walked this path with countless clients, guiding them through the complex process of securing fair compensation for their injuries.

The role of a personal injury attorney is not just about filling out forms and attending court dates. It’s about building a compelling case that clearly demonstrates the extent of your suffering and the personal injury damages you deserve. This involves gathering medical evidence, consulting with experts, and presenting your story in a way that resonates with the decision-makers. The right lawyer will not only understand the legal intricacies but will also take the time to understand you, your pain, and the unique impact your injury has had on your life.

Moreover, negotiating with insurance companies is a task best left to professionals. Insurers often seek to minimize payouts in accident benefits claims, and without robust representation, you might find yourself settling for far less than you deserve. Your lawyer is your advocate, standing between you and the tactics used to downplay your suffering or question the validity of your claims.

Take the Next Step

If you or someone you love has suffered an injury and you’re contemplating a personal injury claim, don’t go it alone. The personal injury claims process can be overwhelming and complex, filled with legal intricacies that can easily trip up those unfamiliar with the system. Your well-being is too important to leave to chance. 

At McNally Gervan, our Ottawa personal injury lawyers are here to help. We understand the emotional and physical toll an accident can take on your life, and we’re committed to easing your burden. Whether you’re dealing with severe injuries from a car accident or the aftermath of a slip and fall, our team has the expertise to handle your case with the utmost care and diligence.

By choosing McNally Gervan, you’re not just hiring a lawyer; you’re gaining an advocate dedicated to fighting for your rights. We’re here to fight for your rights, ensuring that your voice is heard and that the financial compensation you receive truly reflects the impact of your injury.

Contact McNally Gervan for a free consultation to discuss your case and explore the potential compensation you might be entitled to.