These are a type of compensatory damages that are simply quantifiable. This simply means that these damages can be easily measured in financial terms. Any expenses that are directly linked to the car accident and can be clearly quantifiable will be included in the claim as pecuniary damages. Common examples of pecuniary damages include:
These are compensatory damages that are not easily quantifiable in monetary terms. These expenses are often not easily measured because they are often subjective. Examples of costs that may arise as a result of the incident and are not straightforward to quantify include:
These are damages awarded to cover actual out-of-pocket expenses that the claimant may have incurred as a result of the car accident. Common examples of special damages include:
The lawyers at Wagners represent people who have suffered catastrophic and/or non catastrophic injuries from automobile accidents, including car, motorcycle, truck, bicycle and pedestrian accidents. Our lawyers have achieved great success handling all types of motor vehicle accidents, including those resulting from:
Our Halifax based accident lawyers will work tirelessly to hold those responsible for your injuries accountable. Following a car accident, it is important to speak with an accident lawyer as soon as possible to be advised of your rights. By doing so, we are able to work with you to preserve important evidence and craft the best legal strategy for your claim. We will also ensure your claim is compliant with all provincial filing limitations and deadlines. At a time when you should be focused on recovering from your injuries, let us handle the rest. Our lawyers will answer any questions or concerns you may have throughout the process. Before anyone can be held legally responsible for another’s injury, the act of negligence must be proven. Negligence claims involve 4 main distinct elements:
1) Duty of Care: The first step in proving negligence is to determine whether the defendant owed the plaintiff a legal duty of care. This is often dictated by the relationship between the plaintiff and the defendant. For instance, the doctor owes a patient a legal duty of care to offer him/her competent medical care.
2) Breach of Duty : Even if the defendant must have owed a legal duty to the plaintiff under the given circumstances, the court will seek to determine whether he/she breached this legal duty by acting or not acting in a way that a reasonably prudent person would have acted under similar circumstances. If an average person, knowing what the defendant knew at the time would have acted differently than the defendant acted in that situation, he/she will be found negligent.
3) Causation: The third element involves proving that because of the defendant’s actions or failure to act in a certain way, the plaintiff was injured. Showing a defendant’s negligence caused injuries is not always an easy process. This element looks at whether the defendant could have reasonably foreseen the impact of his or her actions. If the defendant’s actions resulted in injury through a random and unforeseeable event, he/she may not be found liable.
4) Damages: Lastly, this element of a negligence case proves that the defendant’s actions or inaction resulted in injury or harm. This is what will enable the court to compensate the plaintiff for his/her injury.
Immediately following an accident, the health and safety of you and your family will of course be your number one priority. Following that, there are certain steps you should take to preserve your interests:
Wagners Law Firm represents represents individuals throughout Nova Scotia, including Halifax Regional Municipality (HRM), Cape Breton, Antigonish, New Glasgow, Yarmouth, and beyond. Collectively, we have nearly 80 years of experience in helping injured victims in obtaining justice for their injury claims. If you have been injured in a car accident, you should speak with a lawyer.
One of our car accident lawyer would be happy to speak with you if you have any questions free of charge. Contact us for your free consultation. You can reach our team by calling 902-425-7330 or by completing a short online contact form.
If you are involved in a motorcycle or car accident in Nova Scotia, you are entitled to certain medical and wage benefits through your insurance provider. Incidents like this Nova Scotia car crash resulting in injuries and charges highlight the importance of knowing your rights after an accident. These benefits include medical benefits for services such as physiotherapy, massage therapy, chiropractic care, osteopathy, assistive devices and medication; a wage loss component for time missed from employment; and travel expenses. There is coverage for these benefits regardless of who is at fault for the collision and your insurance premiums will not increase if you access these benefits. As of 2018, the maximum amount of coverage everyone is entitled to under this portion of the insurance policy is $50,000.00 or four years of coverage from the date of the accident. Although this sounds like a significant sum of money, accidents involving orthopedic injuries, or extensive dental damage can reach these maximums quite quickly.
One of the most stressful parts to being injured is your inability to work which will impact your ability to pay for rent, food, or other bills. Accident Benefits provides a partial wage indemnity benefit payment if you are placed off work for 7 days in the first 30 days after the collision by a physician. This wage indemnity pays to a maximum of $250 per week and is often paid in conjunction with Employment Insurance Sickness Benefits or a short-term/long-term disability policy. You are entitled to these benefits for the first two years after the accident if you are unable to do the essential duties of your occupation. Two-years post collision, you are only entitled to wage indemnity benefit if you are unable to return to any occupation which you a reasonably suited by education, training, and experience.
If you are injured in a motor vehicle accident and placed off work, you should contact your short-term/long-term disability insurer as soon as possible to access these benefits. Often your car insurer will not issue wage indemnity benefit until they first can assess how much you will be receiving from a short-term/long-term disability policy. The amount paid by these policies and the terms differ from policy to policy.
If you are injured in a motor vehicle accident and placed off work and you are not eligible or do not have short-term/long-term disability you should apply for Employment Insurance Sickness Benefits (EISB) as soon as possible. Often your car insurer will not issue wage indemnity benefit until they first can assess how much you will be receiving from EISB.
EISB provides 55% of your average insurable weekly earnings up to a maximum of $547 per week. These benefits last to a maximum of 15 weeks.
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