Slip and fall cases have become too common in popular restaurants. Tim Hortons is one of those restaurants in Canada that is always crowded and hectic. It would not be surprising if they received a fair share of slip and fall accident claims every year. The fast-food restaurant, specializing in coffee and donuts, is well known for its quick service. Now owned by Burger King, Tim Hortons has grown to become the largest quick service restaurant chain in Canada.
If you were injured at Tim Hortons, and you believe the incident was as a result of their negligence, the law allows you to file a claim and seek compensation for direct and indirect damages such as pain and suffering. You can be compensated for loss of income, medical expenses and loss of potential earnings if you build a strong case. The fast-food restaurant has general liability insurance which covers for damages when a claim is filed against them.
How much will I be compensated?
Damages are awarded based on what it will take to put the injured person in the same position they would have been if the accident did not occur. The negligent party is required by law to provide fair and reasonable financial compensation to the victim. Damages can be awarded for pain and suffering, serious injuries and expenses incurred as a result of the injury.
Claims for loss of income
This will be evaluated by the court in two ways: actual income loss and diminished earning capacity. If you were unable to work for a month due to the slip and fall injury, you will have lost income for the period of that month. Actual income is split into two: past loss of income and future loss of income.
Past loss of income is earnings that are lost from the time the injury occurred to the date of trial or the date of settlement. Future loss of income is more difficult to calculate since you may not know the date you will be better and be able to resume work. Most victims can easily recover the actual lost income so long as they prove negligence and that the injury caused absence from work.
On the other hand, loss of earning capacity is a decrease in a person’s ability to earn income. For instance, if you suffered a serious fracture that impairs your ability to take advantage of job opportunities that you would have prior to the incident, you may qualify for lost earning capacity damages. You’ll need to work closely with a medical expert to help you in this component. Experienced slip and fall lawyers Toronto can also help build a strong case to prove the individual qualifies for this kind of damages.
Medical care and rehabilitation costs
There are also costs which are not covered by your insurance but can be paid as part of damages when you file a lawsuit. Most medical insurance doesn’t cover rehabilitation costs or future medical expenses. You may also claim for damaged items.