Toronto Injury Lawyer Blog
We here at Goldfinger Injury Lawyers are pleased to announce that we are in the midst of compiling the “Goldfinger Guide to Fair Compensation in a Personal Injury Case“. Why?
For starters, my lawyer colleagues who do not practice in the area of personal injury law have been asking me for years to compile such a guide so that they better understand the field of personal injury law. On top of that, accident victims, family members of those involved in personal injury cases have been asking my office for years for such a guide. Well, it’s in the process of being written, and as soon as it’s published we will let you know. If you’d like a free advance copy of the Guide, please contact my law office at 416-730-1777 or info@goldfingerlaw.com. As you can see from the adjacent picture, the Guide will make for great family reading at a park on a sunny Sunday afternoon!
There were recently two fatal car accidents on Ontario highways. One outside of London Ontario. The other outside of Peterborough. There was also a fatal car crash involving a bike outside of Edmonton whereby a young woman passed away.
How do pain and suffering damages work when somebody dies as a result of a car accident?
That’s a very good question. Many people think that because somebody dies in a car accident, then they’re entitled to millions and millions of dollars for their pain and suffering.
This is not the case. The real money in a fatality claim is not in the pain and suffering award, particularly if the accident victim dies soon before the car accident. The Court will look at the amount of time the person was in pain for in between the time of the car accident, and in between the time of the death. In any event, damages for pain and suffering in Canada for car accident cases are capped at around $315,000 or so.
The real damages for a fatality claim from a car accident is from the deceased party’s inability to no longer provide for his family. The family sustains a loss of earnings to the household income as a result of the car accident death. If the deceased party was not an income earner, and rather, was a caregiver, or home maker, there is value in these claims as well which can exceed the award for pain and suffering.
Funeral costs can also be covered for by the insurance company for car accident claims. There is a specific accident benefit in such cases.
