While looking for a lawyer on the Internet, many victims hear about different types of damages; personal, general, special, material, pecuniary damages. But what does all that mean? How does the type of damage affect the amount of compensation?
WHAT IS “DAMAGES” IN A PERSONAL INJURY CASE?
“Damages” is the amount of money corresponding to the magnitude of the injuries caused. Damages are also known as compensation or remuneration.
The goal of personal injury lawyers in Richmond Hill, and elsewhere in Canada, is to fight for the victims to receive compensation for their injuries.
TYPES OF DAMAGES IN PERSONAL INJURY CASES
When a personal injury accident occurs there are many factors to consider in determining the extent and severity of the injuries. For this purpose, the type of damages involved must be identified.
General or personal damages are those that are completely linked to the victim and are the most subjective of all. They are usually not related to an established economic value. The well-known “pain and suffering” is a general damage because the definition of pain and suffering varies from person to person.
General damages are the most difficult to measure and significantly affect the value of compensation.
On the other hand, special material damages are more objective. The value of the damaged object is simply calculated and a similar amount is established, which will serve the person as a replacement for their damaged possession.
WHAT ARE PECUNIARY DAMAGES IN A PERSONAL INJURY CASE?
Pecuniary damages or monetary damages is an amount of money established by a civil judge to punish the abusers for the damages they caused and to prevent them from committing similar infractions of the law in the future.
Pecuniary damages educate the aggressor.
Unlike the other types, pecuniary damages are not as related to the particular circumstances of the victim. In fact, if the case goes to trial, the civil judge can determine one amount for personal/material damages, and a completely different amount destined only for pecuniary damages.
EXAMPLE OF THE TYPES OF DAMAGES IN PERSONAL INJURY CASES
All types of damages can be illustrated by a motorcycle accident. A man who was riding his motorcycle was hit by a minor who was driving a vehicle.
The man suffered personal damages because the accident caused him pain, suffering, and emotional distress. He also suffered special material damages because, during the crash, his motorcycle was rendered useless.
The case could not be resolved out of court, so the man’s lawyer decided to take the boy’s parents to trial. After the entire legal process, the judge dictates that the minor’s parents must also pay for pecuniary damages in order to prevent the minor from taking the wheel again.
VICTIMS NEED A LAWYER
The example above demonstrates that different types of damages can occur in a personal injury case and also shows that victims need an attorney to deal with them successfully.
Victims deserve to be compensated for all the damages an aggressor inflicted on them, even those they are not aware of. That’s why when accidents occur in Ontario, those injured generally seek the advice of one of Richmond Hill’s personal injury lawyers.