Pecuniary Damages and Non-Pecuniary Damages in a Personal Injury Claim

Pecuniary Damages

If you are ever injured in an accident due to another person’s fault, you can indeed claim compensation for that. However, there are two types of damages in a personal injury; pecuniary damages and non-pecuniary damages. These both have a severe impact on the victim’s life, which can also result in death.

Therefore, suppose such an issue occurs with you or your loved one. In that case, he/she needs to be taken to the hospital immediately. Afterward, inform the matter to an experienced personal injury lawyer because only he can help you get those compensations to be paid in the hospital.

Have some time to go through the whole article and know the injuries in detail.

Table of Contents

Pecuniary Damages

Pecuniary damages refer to economic or financial losses. If a person is severely injured or dead due to another person’s wrongdoing, then the victim is sure to get compensation. And this part of the compensation can be measured and calculated.

For example, if the victim needs to go to the health care center or has to repair his vehicle after an accident, it will be considered a pecuniary loss. Other than this, it is also possible that a victim is a self-employed person. So, it would be impossible or difficult for him to go to the workstation with the injury.

At this point, the victim’s lost earning amount is calculated up to the probable day of his recovery.

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Subject Matters in The Pecuniary Damages

Due to pecuniary damages, the victim and his family need to go through significant losses. But these losses can be minimized to some level by receiving compensation from the defaulter party. The victim needs to get the prescription and medical report to prove his condition.

Therefore, the subject matters that are included in pecuniary damages are,

Medical Expenses

This includes all types of costs related to the health care center after an accident- for example, ambulance services, doctor’s visits, medicines, therapies, tests, hospital room bills, and others.

Future Condition

It is also possible that the victim, after an accident, might go through both physical and mental trauma for the rest of his life. In this case, it will be a significant issue as the treatment must be taken permanently, according to the doctor’s suggestion.

Damages of Goods

During the accident, the victim might have a vehicle with him. It can be a motorcycle or a car. So, if the vehicle crashes in an accident, the defaulter must pay the cost to replace or repair it.

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Loss in Income

As an injured person cannot go to his workstation with bandages or lying on a stretcher, he is sure to be deprived of his income or earning. And if he is the only earning member of his family, the whole family will suffer from it. So, this matter also needs to be included in the claim.

Losing Earning Ability

There are two types of injuries after an accident; temporary and permanent. When the damage is permanent and does not have any hope to reverse it, it will be considered a permanent injury.

And in this condition, the victim will lose his earning ability. For example, if you are a dancer and get injured in your leg and back, you can no longer continue this profession. So, this is a vital issue to be mentioned in the claim.

  • As the lawyer needs proof to prove the victim’s pecuniary loss, keeping all the documents related to the accident case is essential. After studying all those, the lawyer can go for further procedures.

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Non-pecuniary Damages

Non-pecuniary damages are known as non-economic or nonfinancial damages. These damages cannot be measured or calculated. Therefore, the-pecuniary losses examples are the pain and suffering of the victim.

Moreover, these losses cover no longer enjoyment of life, negative feedback from relatives, and mental or physical disabilities. As these losses cannot be counted with money, they need to be verified through other ways. For example, it can be understood through the injury’s nature, the severity of the injury, the length of the damage, and the victim’s age.

Subject Matters In The Non-pecuniary Damages

Like the pecuniary damages, there are also some subject matters in the non-pecuniary damages. However, these are harder to measure and prove than pecuniary damages as money cannot be calculated.

Therefore, the subject matters that are included in non-pecuniary damages are,

Tragedy of Life

When the victim cannot enjoy his life like the days he used to before the accident, his life becomes full of tragedy.

Emotional Suffering

As an accident is something that nobody wants to meet in their life, the victim goes into mental and emotional distress after a severe accident. Moreover, they suffer anxiety, depression, and other psychological glitches.

Pain and Suffering

A victim after an accident can go through both physical and mental damages. And this pain and suffering after such an issue can never be minimized. It will always be there like a nightmare.

Financial losses

Bitterness in The Relationships

When a victim in an accident gets severe injuries, he keeps himself aloof from everybody thinking that he is disabled. As a result, bitterness comes in the relationship with the family, neighbors, friends, colleges, and even life partner.

The Type, Severity, and Length of The Injury

Some injuries need less treatment and care, while others need major treatment. All these depend on the type and the severity of the damage. The court will decide the amount after suspecting these issues. However, compensation will be higher for the worst injuries.

Victim’s Age

If the victim is young, he will get a high compensation as he has a long run to go. But that does not mean a middle-aged or a senior citizen will be paid less. They will also get compensation depending on their situation.

Compensation for Non-Pecuniary Damages

In 1978, an amount for the non-pecuniary damages was fixed by the Supreme Court of Canada. So, the defaulter party needed to pay a maximum of $100,000 to the victim.

But, as the value of the money increases over time, the compensation rate also changed. And, at the end of 2018, it was decided to be a maximum of $382,000 for the pain and suffering.

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Different Kinds of Damages in a Personal Injury Case

There are several awards you might be eligible for when it comes to the line-by-line facts of what you can claim for, including:

  • Damages for suffering and agony;
  • past, present, and future income losses;
  • replacement or repair of lost or broken items;
  • the expenses related to having a disability;
  • Predicted medical costs for rehabilitation and other services;
  • home-maintenance costs should you become unable or incapable to do so;
  • …as well as “special” damages for costs you pay out of pocket as a direct result of your accident.

How Can a Lawyer Help You?

A doctor can help you to recover all those wounds due to an accident. But the money required for treating the injuries can only be received through the help of an expert lawyer. Therefore, getting in contact with a lawyer will let you get compensation for both the pecuniary and non-pecuniary damages.

However, if you think that you can receive the right amount of compensation without a lawyer’s help, you might regret it later. The insurance company or the defaulter party will try to settle the issue in low compensation, which you will be unaware of due to little to no experience.

You can contact Red Deer Injury Lawyer without any doubt to get the best suggestion regarding the damages in an accident. We will help you in every possible way to get your compensation with the proper settlement so that no further issue creates on it.

The Bottom Line

It is quite common for a person to be injured. But it will be devastating if the victim gets injured due to another person’s mistake. And sometimes, this injury can take him to the last stage of his life.

However, from the above information, you already know about it, known as the pecuniary damages. So, to calculate the amount of the damage to pay your medical bills, repair your vehicle, and others, the importance of a personal injury lawyer is enormous. No matter what, through his help, you will receive the right amount of dollars.



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