What are Special Damages in a Personal Injury Case?

April 15, 2021, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

If you’ve been injured in an accident or due to someone else’s negligence and you file a personal injury claim you may be entitled to compensation for your damages so you can cover the expenses resulting from your accident and the injuries.

Two Kinds of Damages

There are two major categories of damages in a personal injury case in Ontario. General damages and special damages. They are both meant to help compensate the victim of the injuries. You will need a qualified and experienced personal injury lawyer to guide  you through a complicated legal process.

If you are injured in an accident you should contact a lawyer immediately as there are fixed, rigid and varying timelines for making claims or notifying the other parties.

Special Damages

You should discuss special damages with your personal injury lawyer during your free initial consultation. They will explain how personal injury cases work, and what you may be eligible to claim at the initial meeting.

The most common types of special damages

1. Your past and future medical expenses which can include –

• doctor consultation fees, medication costs, diagnostic testing, hospital stays and hospital charges
• long term medical costs such as physiotherapy and other physical treatments
• costs of travelling to your hospital appointments
• loss of income if your ability to work was interrupted, your salary cut, or you lost on bonuses or other perks because you were not able to go to work
• loss of future earning potential if you are no longer able to work in your former job, or you have to take a lower paying job due to your injuries

2. Lost wages now and in the future

3. Repair or replacement or compensation for damaged property, and irreplaceable items

How Do We Calculate Special Damages?

Some of the calculations are easy as they are based on money already spent. Other costs however are far more complicated to calculate.

For example, your long term medical costs or claims for mental anguish or pain and suffering may be far more difficult to calculate and you’ll have to rely on your personal injury lawyer to determine the amounts.

Call the Experienced Personal Injury Lawyers at Deutschmann Law Today

If you or a loved one have been injured as a result of someone’s negligence contact us immediately for your free initial consultation at 1.866.414.4878

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.