Purpose of Tort Damages in a Personal Injury Claim

Obviously, money alone can’t compensate for certain types of severe injuries or allow someone to fully return to their uninjured state. However, tort damages are assessed as part of a personal injury claim to help restore the injured party back to the condition he or she would have been in if the accident had not occurred. These damages help ensure that the injured party is not unfairly burdened by accident-related expenses.

Tort damages can include:

  • Past and future medical costs, including hospital care, physical therapy, prescription medications, and necessary medical equipment such as wheelchairs or artificial limbs
  • Past wage loss while the injured person is recovering from the accident
  • Loss of future earning capacity, if the injury will limit the person from returning to his or her previous employment
  • Loss of housekeeping capacity, if the injury has affected the person’s ability to complete general household tasks without assistance
  • Pain and suffering, as defined by the loss of enjoyment of life relating to symptoms from the accident

Tort damages are not intended to punish the person who caused the accident, even if he or she was clearly careless in the events that allowed the injury to occur. Punishment is a matter left for criminal actions, which are separate proceedings from a personal injury lawsuit. For example, if you were injured by a drunk driver, the driver would face criminal charges relating to driving under the influence as well as a personal injury claim for the negligent behavior that allowed the accident to occur.

Learn More about Filing a Personal Injury Claim

If you are in need of legal representation, please call 1.877.614.0008 to speak to the experienced personal injury lawyers at Conte & Associates. Based in Whitby/Oshawa, Conte & Associates works with clients in Whitby and in the following cities in Ontario: Oshawa, Ajax, Pickering, Clarington, Newcastle, Courtice, Bowmanville, Newcastle, Port Perry, Belleville, and Peterborough.

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