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Orthopedic injuries formulate a large part of the potential damages that could have resulted from all sorts of accidents. They require thorough attention on behalf of the Injury Lawyer in Brantford as there is a wide abundance of possible traumas that require different legal approach. Some of them may be grounds for filing for emotional damages and some of them might only include some not so serious injuries which are unlikely to be causing tremendous pain and suffering. However, there are two main types of damages which should be taken into consideration when the topic at hand is orthopedic injuries.
Pecuniary damages
These are the damages which could be based upon a simple document which proves that a certain expense has been made on behalf of the client of the Injury Lawyer in Brantford. Pecuniary damages include the reparation of losses which derived from medical treatment, nursing homes, rehab and further care after the treatment is through and so forth. However, it is very important to note that there are also some special expenses that are also subjected to compensation.
The expenses in question involve covering the loss of income in the family. As per the Family Act in Ontario, each family member is entitled to file a claim on behalf of other injured family member or on his own behalf claiming the loss in income as a result of the accident. These are the cases in which a certain member of the family who contributed a substantial part of the family’s income has lost the ability to earn this kind of money or his salary has been substantially reduced because he is no longer capable of carrying out a particular line of work. This loss is also covered by the compensation and it should be accounted for by the Injury Lawyer in Brantford.
Non-pecuniary or general damages
These are the so called general damages. In 1978, the Supreme Court of Canada issued a ruling which limits the maximum amount of general damages to $100,000. However, throughout the time, economical factors have shifted and inflation has to be taken into proper consideration and as a result the amount as of right now is approximately around $330,000. If the Injury Lawyer in Brantford decides to file for something above this amount it is going to be decreased by the court.
This type of damages involves all the pain and suffering that you have been through and the emotional trauma as consequence. These are assessed by the discretion of the court and they can’t be based on documentation such as medical receipts, bills or any kinds of purchase contracts. However, the doctors’ reports diagno/is and investigation reports are vital to prove the extent of the injuries. Experienced lawyers are able to judge and work on such cases better.