How are damages assessed in a personal injury case?

caution slippery when wet sign

Oct 6, 2016

If you get injured due to the negligence of others, you may be entitled to personal injury damages.  Damages are meant to restore an injured person to the state at which they were prior to injury. Although it’s often difficult to assess damages in the early stages of a personal injury case, there’s a variety of factors and considerations you can take to understand your particular personal injury case.

Damages assessed in a personal injury case

Once an injury has occurred, the victim should contact a personal injury lawyer who can help assess the damages and determine the appropriate time to file a claim. Often, there are deadlines for filing a personal injury claim, and many times you can’t tell the extent of the the damages immediately. Damages like monetary losses are easier to quantify as opposed to damages such as pain and suffering which are more difficult to put a dollar figure on.

Factors influencing your injury damages

There are many factors that need to be considered for your assessment of damages. The type of injury that occurred, the severity of the injury, and the impact of the injury on the person’s day-to-day life should all be taken into account. Personal injury lawyers can help determine the right assessments necessary for a settlement or for a successful case. Using medical information from healthcare providers, bills and receipts from their clients, and insurance policies are all useful for success.

Types of damages common in personal injury cases

Medical treatment – Almost always guaranteed, coverage for the cost of medical care associated with the accident both present and in the future.

Pain and suffering – Damages referred to as non-pecuniary general damages and claims for pain and suffering can’t be made unless you meet the threshold set by The Supreme Court of Canada.

Income – Compensation for the incident’s impact on your salary and wages in the past and future. The damage award based on future income is characterized as compensation for an accident victim’s “loss of earning capacity.”

Housekeeping and home maintenance services – Entitled to this if you’re no longer able to complete these services alone as a result of your injury.

Property loss – Other damages as a result of the accident can be reimbursed so that you can cover repairs or compensation for the fair market value.

Family member claims – Family members may be able to sue for their financial losses related to care, guidance, and companionship suffered as a result of the victim’s injuries.

Find a personal injury lawyer in St. Catharines

If you’ve recently been injured in an accident, connect with the St. Catharines personal injury lawyers of Chown Cairns and get the damage assessment you deserve. We have the background and team with the necessary experience for tackling personal injury cases with the goal of getting the best personal injury compensation possible.