Ontario Accident Lawyers Discuss Loss of Housekeeping Capacity
Posted: Wednesday, July 29, 2009
by Brenda Hollingsworth
Auger Hollingsworth
Ontario personal injury lawyers typically work to develop a claim for your loss of housekeeping and home maintenance as part of our claim for damages in an accident.
As a result, we were surprized to see the news recently replete with articles such as "Woman Awarded $59,935 In Housekeeping Damages Following Car Accident". Of course, like many personal injury lawyers, we have been advancing these claims for years.
Before the accident, the injured woman had been working full-time at numerous jobs. She made between $7.50 and $14 an hour. She also performed most of the the housework at her home.
After the accident, she experienced pain but was still able to perform most of her household duties. Nevertheless, she did have to rely heavily on housekeeping which was provided by her family.
At trial, the trial judge advised the jury that past housekeeping inefficiency damages were related to the woman's inability to perform her housekeeping functions as well as she could prior to the accident.
The jury awarded the woman past housekeeping inefficiency damages of $5,000, past lost housekeeping capacity damages of $10,400 and future lost housekeeping capacity damages of $44,535, for a total of $59,935.
The decision was upheld on appeal.
When the personal injury lawyers at Auger Hollingsworth evaluate your claim and develop your damages, damages for housekeeping and home maintenance are important components.
We have our clients complete forms indicating what housework and home maintenance work you did before the injury. That will be used as a baseline against which we will judge your post-accident ability.
We will have an occupational therapist study your medical records and condition. Sometimes you will have completed a functional evaluation.
The occupational therapist will also attend at your home to determine what, if any, housekeeping assistance you require.
The occupational therapist observes your ability to perform the day-to-day tasks, twice annual spring cleaning, yard maintenance, snow removal and other regular tasks.
Many occupational therapists will also research pricing for the replacement labour that will need to be purchased as a result of your reduced ability to perform housekeeping tasks. The fact that a family member has assumed your jobs does not mean that they are not compensable from the person whose negligence caused your injury.
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Brenda Hollingsworth and Richard Auger are lawyers representing accident victims in Ontario, Canada. Their law firm is Auger Hollingsworth, located in Ottawa. They are the authors of "An Injured Victim's Guide to Fair Compensation" and "Crash Course: A Savvy Woman's Guide to Ontario Car Accident Claims" To get free copy of these books, contact http://www.personalinjuryottawa.ca ; email info@personalinjuryottawa.ca or call 613.233.4529.
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