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Understanding Compensation: Types of Legal Losses in Personal Injury Law

man in wheelchair enjoying a sunny day in sault ste marie

What is loss? It’s a word with many meanings. In Ontario’s legal terms, its purpose is more specific and refers to the physical, mental and financial costs due to an unexpected injury. Several types of loss are eligible for financial compensation if you’re injured in a motor vehicle crash. Here are some of the most common losses that can result in compensation in Ontario.

1.) Pain and suffering is a legal phrase that refers to physical and emotional injuries suffered by an accident victim. Examples of physical injuries include chronic back and neck pain, traumatic brain injury, paralysis, chronic headaches, fractured or broken bones, nerve damage, internal organ damage, pulled or strained muscles and dislocated joints. Furthermore, mental injuries that fall under pain and suffering include psychological trauma, fear and worry, insomnia, grief, anger, cognitive changes following a brain injury and post-traumatic stress disorder (PTSD). These physical and emotional conditions may be temporary or permanent. 2.) Loss of enjoyment of life is a legal term used to describe the lasting impact or toll an injury takes on a victim’s quality of life. The phrase is used when a victim can no longer enjoy an activity that they previously enjoyed before the injury, including hobbies, recreational activities, volunteer activities and social activities. 3.) Loss of income damages are awarded when an injury victim is forced to take time off work, either temporarily or permanently. The amount is calculated using the victim’s wage or salary and then multiplying it by the number of days or years they’ll be unable to work. This can also include future lost wages. 4.) Loss of income earning potential is more speculative than loss of income. A loss of income earning potential claim tries to predict factors such as future promotions based on the victim’s work ethic, career goals and past performance within the company. Compensation is calculated on what may have happened to the victim’s career if it weren’t for the injury. 5.) Loss of competitive advantage in the employment field is a claim filed if the victim feels that their ability to compete for employment with other non-disabled candidates is reduced due to their injury. Family members of an injured and deceased person may also be eligible to recover losses. To find out if you have a case, consult a personal injury lawyer.


At Feifel Gualazzi, we can help you get the compensation you’re entitled to, no matter the loss. Our personal injury lawyers have successfully negotiated claims for some of our clients in the millions of dollars. Contact us today to schedule a free consultation. Located in Sault Ste Marie, we serve individuals across Algoma District and Northern Ontario.


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