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HOW TO CALCULATE DAMAGES IN A PERSONAL INJURY CLAIM

4/2/2020

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The value of a personal injury claim is determined through a calculation of your heads of damages. There are several heads of damages which are classified as pecuniary or non-pecuniary damages. Special damages, also known as pecuniary damages, are monetary awards for specific losses such as economic losses, including repair costs, loss of income, loss of future income, loss of housekeeping, and medical and rehabilitation costs. General Damages, also known as non-pecuniary damages, are awards to compensate for pain, suffering and loss of enjoyment of life.

1. General Damages 
In 1978 the Supreme Court of Canada put a limit on the amount of general damages one can claim. Accounting for inflation, that current limit is $366,000.00, and is only awarded in those cases where some one has suffered catastrophic injuries. In 2004 the Alberta government implemented legislation that caps general damages for pain and suffering at $4000.00 for “minor injuries”. This amount is increased every year for inflation. The 2023 CAP in Alberta is $5,817.

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    BRAITHWAITE
    BOYLE BLOG

    Through our blog, we provide you more information about aspects of personal injury law, answering some of the most pertinent questions that our clients have asked us over 32+ years of practice. Since every personal injury case will have its own unique details, it’s important that clients know the proper steps they can take to strengthen their case and when to call a legal professional to help them. 

    What a client does in the time after an accident is crucial to determining a successful compensation claim. By offering this information in our blog, we hope you will be better informed on what you can do to receive your full and proper settlement. 

    If you do not see your concern here, or you would like to talk to a personal injury lawyer, please call one of our three Alberta locations to book your free initial consultation.

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​Braithwaite Boyle
  • Home
  • Personal Injury
    • Do I have an accident injury claim?
    • What's my injury worth?
    • Claim against my own insurance company
    • Claims against uninsured drivers
    • Motor Vehicle Accident Claims Program
    • Injury Types
    • Accident Types
    • Non-Vehicle Accidents
    • Liability Disputes
  • Wrongful Death
  • Lawyers
    • Ken Braithwaite
    • Stephanie Thomas
    • Melvin Crowson
    • John B. Stewart
    • Katherine Burt
    • James H. Dow
    • Melina Djulancic
    • Braedon Tong
    • Sarah Khalil
  • About
    • Whiplash Information Centre
    • White Knights Law
    • Blog
    • Our Videos
    • Careers
  • Contact
    • Edmonton
    • Calgary
    • Red Deer
  • Reviews