Negligence Lawyer Service
Negligence is an unintentional tort where a person who commits the negligence ("tortfeasor") owed a duty of care to the person harmed, breached that duty, and caused damages to the injured person.
A Brief Discussion on Damages, Generally, In Ontario
In Ontario, there are various types of damages that can be claimed by, or ordered to be paid to, a person as compensation for loss or injuries. An award of damages is a type of remedy that attempts to place the person who suffered the injury or loss back in the position he/she would have been, if the injury or loss had not occurred.
1. Aggravated Damages.
Aggravated Damages are those damages that attempt to compensate a person for intangible damages as a result of the defendant's actions. This includes things such as humiliation, mental distress, or anything to do with injured dignity and pride. (Non-Pecuniary, Compensatory)
2. Contemptuous Damages
Contemptuous Damages are a Court's way of demonstrating its disapproval with a Plaintiff by providing an award in the lowest current coin.
3. General Damages.
General Damages are the direct, natural, and probable consequences of the defendant's actions. Cannot be calculated with precision. Consists of loss of amenities, loss of expectation of life, loss of future earnings, and pain and suffering (Non-Pecuniary).
4. Liquidated Damages.
Liquidated Damages that are agreed to by the parties ahead of a cause of action. These damages are sometimes used in contracts where it would be difficult to quantify damages for a breach of contract. Liquidated Damages must be reasonable, or else there is a risk that Liquidated Damages would be seen as a penalty clause.
5. Nominal Damages.
Nominal Damages are damages awarded to a plaintiff who's legal rights have been breached.
6. Punitive (or Exemplary) Damages
Punitive or Exemplary Damages are awarded to punish a defendant for harsh, malicious, or vindictive behaviour.
7. Special Damages.
Can be calculated with precision. Consist of pecuniary losses such as loss of past wages. (Pecuniary)