How is Brain Injury Compensation Calculated?February 21, 2021
When a victim suffers from an accident, they need their brain injury compensation calculated. In order to receive the appropriate compensation, the victim needs to know how damages are calculated. Brain injury compensation calculations come from a variety of tangible and intangible factors. The amount of compensation that you stand to receive depends on the severity of your injuries, the damages that you have and the way that the injury impacts your life.
How to Know Head Injury Worth in Ontario
To know what your head injury may be worth in Ontario, consider the following factors:
- Immediate medical expenses and needs; emergency care and stabilization
- Rehabilitation costs and expenses
- Medical care into the future
- Physical therapy, occupational therapy
- Mental health care
- Home modifications
- Lost income
- Nursing help, the cost of replacement services
- Pain and suffering
- Emotional anguish
- Mental health damages
The purpose of compensation for a head injury under Canadian law is to make the victim whole for the suffering that they endure because of the injury. If the victim receives too much, they receive an inappropriate windfall. If they get too little, they are not fully made whole for the losses that they have endured.
Getting a Brain Injury Insurance Claim Calculated
To get a brain injury insurance claim calculated, the victim begins by looking at their tangible, financial losses. Economic losses are direct expenses that the person has because of the accident like medical bills and the cost of nursing care. Also included in the amount of economic losses are limitations that a person has on their income because of a change in the ability to work. Current and future financial losses can be measured to a certain dollar amount and included in the claim. However, the way to have brain injury compensation calculated in Canada includes factoring in any “thin skull” and “crumbling skull” arguments that may reduce compensation based on the likelihood that a pre-existing condition would have become worse without the accident having occurred.
Factoring Non-Economic Damages in Brain Injury Compensation
To have brain injury compensation calculated properly, the victim must receive an allocation for their intangible losses. A person with a severe brain injury may have difficulties performing the ordinary tasks of life including personal grooming, working and other daily life activities. They may be limited in enjoying the activities that they used to enjoy and even performing basic self-care. These losses are payable as non-economic losses.
Just like economic damages, the compensation awarded to a victim for non-economic damages must fairly represent the losses that the victim has sustained. In other words, the greater the brain injury, the higher the award of non-economic compensation. Generally, the parties begin by looking at the amount of economic losses. This figure provides some indicator of the amount of physical, mental and emotional anguish endured by the victim. However, the victim may be able to show that their relative non-economic damages are disproportionate to the amount of direct financial losses that they incur.
Does Brain Injury Compensation in Ontario Include Prospective or Future Loss?
Yes, brain injury compensation in Ontario includes prospective or future loss. The law requires the party responsible to compensate the victim for the concrete losses that they have already incurred as well as for the prospective losses that they are likely to have in the future. Of course, the parties cannot know for certain what damages to expect in the coming weeks, days and months.
Especially with a brain injury, prospective damages can be difficult to determine. The course of recovery is uncertain. However, future damages are an important part of compensation, and the victim has a right to claim them. A lawyer can help the victim gather the proof to identify and value future damages.
How Can a Lawyer Help to Have Brain Injury Compensation Calculated?
Do you have questions about the value of a brain injury claim? A lawyer specializing in brain injuries can help you examine your case. They have experience totaling the types of damages that you may stand to claim and what factors may ultimately impact the amount of compensation that you receive. Your time to demand compensation may be limited. A lawyer can help you determine the appropriate amount, file your claim, and build the legal and factual proofs to build your case.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.