When a person has been injured as a result of another party’s fault or negligence, the legal action often recovers compensation that extends beyond just medical bills. Did you know that personal injury claims in Calgary are often analyzed by classifying the damages into two main categories: pecuniary and non-pecuniary damages? It is essential that you are aware of their differences, especially if you’re pursuing a personal injury claim.
Let’s explore how the terms pecuniary and non-pecuniary damages are differ. Additionally, learn how non-pecuniary damages can be crucial for individuals experiencing emotional and psychological distress. NKS Injury Legal can advise you on every step of the claims process.
What Are Pecuniary Damages?
Pecuniary damages are the monetary losses that you can quantify in monetary value. Pecuniary damage estimates are usually straightforward as they are tied to the actual expenses or financial losses attributable to the injury.
Common Examples of Pecuniary Damages:
- Medical expenses (past and future)
- Lost wages
- Loss of future earning capacity
- Rehabilitation expenses
- Property damage
- Out-of-pocket expenses
The intent of pecuniary damages for injuries resulting in you not having the ability to work, or the need to continue with ongoing care, is to put you in a restore financially where you would have been but for the injury.
What Are Non-Pecuniary Damages?
Non-pecuniary damages are more subjective. These damages are compensation for an intangible loss: a loss that does not come with a receipt or invoice. Non-pecuniary damages may be harder to measure, but they are just as important.
Non-pecuniary damages may include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of companionship
- Loss of quality of life
If you are living with chronic pain, anxiety, PTSD, or have lost the ability to engage in activities you once loved, it is likely that non-pecuniary damages will represent a significant portion of your compensation.
Why Non-Pecuniary Damages are Important
Pecuniary damages compensate you for the dollars that you have spent, whereas non-pecuniary damages recognize that not all losses are economic. For many victims, the psychological and emotional impact of an injury is more severe than the monetary impact of the injury.
In Canada, there are caps on non-pecuniary damages. In 1978, the Supreme Court of Canada established the cap on non-pecuniary damages to avoid excessive jury awards. However, every case is different.
That is why it is crucial to have a knowledgeable legal team to help you, like NKS Injury Legal. We have the expertise to properly document your pain and suffering so that the court or insured understands the full scope of the loss you suffered.
How Are Non-Pecuniary Damages Calculated?
Non-pecuniary damages are calculated based on:
- The severity of your injury
- Your age and your lifestyle,
- The effect on your daily activities,
- The length and permanence of pain or emotional distress.
Because non-pecuniary losses are about more than money, Courts rely heavily on evidence from medical professionals, witness statements, and comparisons to similar (past) cases (case law). It can be challenging to quantify your pain and suffering properly, so you will want to have a lawyer who understands how to put together a strong, compassionate case for you that tells your story accurately.
The Benefits of Selecting NKS Injury Legal
At NKS Injury Legal, we appreciate the psychological toll of an injury. We combine legal acumen with compassionate advocacy. We are concerned with more than the dollars; we care about the story of the individual behind every claim.
Here are the ways we assist you with pursuing your claim for non-pecuniary damages:
- Comprehensive Documentation: We collect medical records and psychological assessments, and obtain eyewitness statements to present evidence of the full impact of your injury.
- Consistent Communication: We keep you informed every step of the way while also filing documentation until you get your settlement, so you won’t feel that you are in the dark.
- Specific Strategy: Every injury is unique. We develop a specific method of approach based on your specifics and priorities.
- No Initial Retainer: You pay us nothing unless we win your case.
- Your time to recover is essential. We want to help you secure the appropriate compensation that you deserve.
When should I contact a personal injury lawyer?
As soon as possible. Whether you are still recovering from your injuries or have ongoing complications, it is important to contact a personal injury lawyer as early as you can do it while you have your legal rights protected. There is limited time to file a claim, so acting sooner rather than later can be helpful.
We offer a free consultation to review your case and your legal options—no obligation, no pressure, just honest advice.
Common Questions You May Ask About Pecuniary and Non-Pecuniary Damages and the Legal Process
- How long do I have to file a personal injury claim in Calgary, Alberta?
You generally have two years from the date of the accident to file a claim, but there are exceptions. It is best to speak with a lawyer as soon as possible.
- What if I was partially at fault for the accident?
Ontario’s system is comparative negligence, so you can still get damages, but most likely at a reduced rate depending on your share of the fault.
- Will I have to attend court?
Most personal injury cases settle, and at NKS Injury Legal, we hope to get a fair settlement, but we are more than ready to go to trial if necessary.
- What is the first step in the legal process?
Your case will start with a free consultation. We will look at your case, talk about your rights and responsibilities, and discuss your options, free of charge.
Conclusion: Non-Pecuniary Damages Are Complete Justice
When you are injured, it isn’t just about lost income or medical bills. It goes way beyond that to your life before the accident and to your life after the accident, and your current situation and non-pecuniary damages are designed to appreciate these very real and very personal losses. If you are facing a personal injury and are unsure of how to start the claims process, NKS Injury Legal can help you with that. We combine legal knowledge and compassion to ensure your story is heard and your suffering is not forgotten.
