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Legally Speaking

What types of damages can you claim for personal injury from a Motor Vehicle Accident?

Claims for losses from personal injury follow rules set by our Courts and legislation.

Those losses are called “damages”.

The law allows only claims for certain types of loss/damage. If a loss does not fit into one of those types of damages, it is usually not recoverable.

Moreover, a victim can only recover for damages which are caused by the accident in question.

Damages are intended to compensate the victim, not punish the at-fault person.

There are several types of damages recoverable by motor vehicle accident injury victims:

  • General Damages – this is to cover the pain, suffering, and loss of amenities you experience. It is based on what judges have given in similar cases. In New Brunswick, there is a cap on general damages for pain and suffering for some injuries. It does not apply to fractures, concussions, whiplash with nerve damage, torn rotator cuffs, mental health disorders, and soft tissue injuries that result in permanent inability to return to work.

 

  • Financial losses:
    • Actual out-of-pocket losses – money paid .
    • Lost income (past and future).
    • Loss of Capacity to provide valuable services such as housekeeping or home maintenance.
    • Cost of care (medical treatment etc.).
    • Pre-judgment/settlement interest.

 

  • Costs – Under our Rules of Court, parties who succeed in their lawsuits are entitled to certain amounts (whether they got to Court or settle) which are called “costs.”

At Correia & Collins, we are knowledgeable in the law on damages and aware of the types of medical and other expert evidence needed to ensure that accident victims are fairly compensated. We ensure our clients are fairly compensated whether through negotiation, mediation, or court. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.