Damages That May Be Available in a Toronto Premises Liability Claim
There are a variety of different types of Toronto premises liability damages you could potentially recover in your case. When considering these damages and pursuing your claim, it is important to have a Toronto premises liability lawyer by your side to help illustrate the injuries and suffering you have endured following your premises liability accident.
Pain and Suffering
The types of damages that a person is entitled to in a premises liability case in Toronto depend on what a person’s injuries are. If a person has been injured, they are at least entitled to pain and suffering damages. Pain and suffering damages are a way of compensating a person for the pain, suffering, negative experiences, inconvenience, and psychological trauma that the person had to go through as a result of their injuries.
Out of Pocket Expenses
The second type is out of pocket expenses. For example, if a person has to spend money for physiotherapy, crutches, medications, or anything else reasonably incurred, then that person is entitled to those out of pocket expenses.
Loss of Income
The third of type damages that a person is entitled to for a premises liability case in Toronto is loss of income. If a person lost income as a result of injuries, then that person is entitled to be compensated for that. More importantly, however, is a consideration of a person’s future income. If a person has been injured and that person is unable to do their job or other jobs that might be open to that person, then that individual is entitled to future loss of income or what is often called a loss of capacity to earn income. Generally speaking, people’s bodies are extremely important assets in terms of careers. Having a healthy body means that a person is more competitive in the marketplace, which means that there are more jobs open to that person and that person may be able to do their job better.
For example, the person may be able to work longer hours, work quicker, or be more efficient or successful in their job. If a person’s body has been injured that person would have a loss. A person has an asset damaged that has a value to it. So even if a person is not losing income presently, that does not mean that that person has not lost income in the future for being less competitive in the marketplace due to their injuries.
Another common reason that injuries may lose a person’s future income is if a person is going to have to retire earlier than that person otherwise would. There are some injuries that become worse with time, such as fractures involving the joints called intra-articular fractures, or even back injuries that can lead to arthritis. In these cases, an individual may have to retire two, five, or 10 years earlier as a result of that individual’s injuries, which can mean a loss of a lot of income.
The fourth type of damage is loss of housekeeping capacity. If a person has been unable to do their household chores and other people had to take them on for that person, then a person can be owed compensation for housekeeping capacity. The work that people do around the home has value and if they are no longer able to do it or no longer to do portions of it, then that is a loss that should be compensated.
Lastly, one common type of Toronto premises liability damages awarded is for any future care that a person may need. For example, if a person is unable to do snow shoveling, lawn maintenance, or gardening, that is compensable into the future for as long as it is going to last. If an individual needs physiotherapy or counseling in the future or if an individual needs any sort of medical care or treatment in the future, then an individual should be compensated for that, as well. A Toronto premises liability lawyer may be able to help someone when pursuing these common types of damages.