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Damages in Long Term Disability Claims

Damages In Long-term Disability Claims

In Ontario, the law allows you to sue for the wrongdoing or negligence of some other party in most instances. The injuries come in a myriad of forms; physical, psychological, emotional or even economic such as property damage. Compensation is commonly referred to as “damages” in personal injury law. These are monies intended to help make up for the losses sustained by the harm done, and an attempt to make the person “whole” again. The truth is, that usually no sum of money can truly make an individual feel whole again after sustaining a serious injury.

There are two general categories of damages: pecuniary damages and non-pecuniary damages. Usually your average personal injury case will involve both these heads of damages.


These damages may also be referred to as economic or special damages, and are meant to compensate an injured victim for actual losses that can be illustrated through quantification and calculation. For instance, medical expenses or lost earnings would fall under this category. Loss of earning capacity would also fall under this category. So, if you are earning less after an accident than you were before, and it’s that way because of the accident and your injuries, than those damages should be compensable under this category.


Non-pecuniary damages are also called non-economic or general damages, and can be more subjective and more difficult to quantify. The main example of this would be pain and suffering, and attempting to put a value on an injured victim’s disfigurement for instance. This head of damage also includes an individual’s enjoyment of life and how its been affected as a result of the injuries sustained in the accident.


By commencing a tort claim against an at-fault driver of a motor vehicle, or the landlord of a business after slipping on a wet floor, enables an injured victim to claim such things as income loss, medical rehabilitation treatment, expenses, and more. It also allows an injured victim to seek damages for their pain and suffering and loss of enjoyment of life as a result of the accident. They are considered compensatory because they intend to compensate an injured victim for their losses.

If you have been seriously injured as a result of a motor vehicle accident or some other type of negligence, an experienced personal injury lawyer is required to evaluate your claim and determine whether or not you should sue for damages. Contact the Bernstein Law Group to have a free consultation. Remember, there is no fee unless we win or we settle your case.