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Which damages are recoverable after car accidents?

Being involved in crashes are typically traumatic experiences. Victims of car accidents in Ontario might have questions about their legal rights and for which damages they could pursue recovery. In cases in which the negligence of other parties caused collisions, the injured victims might have grounds to file personal injury lawsuits. The same applies to the surviving family members of a deceased victim of such an accident who can pursue wrongful death claims.

When seeking recovery through the Ontario civil justice system, both economic and noneconomic damages may be claimed. Financial losses typically include medical expenses, end-of-life costs, when applicable, and loss of past and future income. Noneconomic damages could include emotional trauma and mental distress, usually grouped under pain and suffering. These claims can also include depression, scars, activity limits and possible shortening of life.

Pain and suffering damages typically form part of claims that involve physical injuries caused by the negligence of others. However, exceptions exist, and an Ontario man claimed he suffered nightmares, anxiety and stress after seeing a fly floating in his bottled water. The court entered a monetary judgment against the bottling company, but that award was turned over upon appeal. In another case, a woman driver who struck a cyclist who did not survive the accident claimed the teenage cyclist’s negligence caused the crash that led to her emotional distress. The outcome of that claim is not known.

Personal injury and wrongful death litigation are complicated fields of the law. For that reason, many victims of car accidents in Ontario seek the support and guidance of a lawyer who has experience in fighting for the rights of crash victims and surviving family members. A lawyer can assess the circumstances to determine the viability of a claim. If grounds exist, he or she can advocate for the client every step along the way.

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*Please note that past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts of individual cases.
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