An injured person is entitled to recover compensation for their losses resulting from the injury. These losses fall into one of three categories of “damages”, being a. Loss of Enjoyment of Life (pain and suffering), b. Loss of Income / Earning Capacity; and c. Future Care Costs. Damages for loss of enjoyment of life compensate the injured person for the pain and upset which the injury causes. These damages also compensate the injured person for the loss of their ability to participate in their usual and enjoyed recreational activities. Losing the ability to play sports, socialize with friends and family and pursue a beloved hobby is significant. The courts will award damages to compensate the injured person for these losses. Loss of income / earning capacity damages compensate the injured person for the affect which the injury has on their ability to earn an income. For a person who is already part of the workforce, these damages focus on their loss of actual income and their loss of future income. Damages are also awarded to compensate the person for the income they could have expected to earn had they not been injured.
The courts also award damages compensating injured persons for the care costs they will incur. Care costs include the cost of obtaining the services of rehabilitation professionals like a physiotherapist, a psychologist or a case manager. Care costs also include goods which the injured person requires like a wheelchair or home and vehicle modifications to help improve accessibility. Care costs also compensate the injured person for the cost of an aide or attendant to help provide necessary hygiene care, supervision and to help replace the services around the home which the injured person, if healthy, would perform.