If you are involved in an accident and it is not your fault, then you are entitled to compensation for all losses caused by the accident:
1. Pain and suffering damages: these compensate you for the change in your quality of life, taking into account the change to your health, your pain levels, the activities you cannot do anymore, how your emotional health and relationships are impacted, etc.
2. Out of pocket expenses: this compensates you for money you have already spent due to the accident or your injuries (keep your receipts!), such as parking expenses to see your doctor, physiotherapy costs, pain medication, etc.
3. Loss of employment or business income: this is income you’ve lost or will lose because of the accident or your injuries. You are also entitled to all future income loss, or an amount to account for the real and substantial possibility of losses to your ability to earn income in the future or be competitive in an open job market.
4. Housekeeping losses: you are entitled to compensation for your inability to do your housekeeping chores or yard maintenance chores in the past and for the remainder of your life, including a reasonable amount to hire people to do these chores for you if your injuries prevent you from doing them.
5. Future medical care: you are entitled to compensation for all medical care you will need for the remainder of your life as a result of your injuries.
6. Legal costs: Ontario has a “loser pays” system, meaning that the loser pays a part of the winner’s legal costs. If you settle your case or are successful at trial then you have won your case. Legal costs generally cover 25% to 50% of your lawyer’s bill.