Compensatory Damages For Back Injury

If a resident of Ontario becomes involved in a car accident, and then suffers an injured back, the bulk of that same victim’s compensation for a personal injury lawsuit will come from the compensatory damages.

Losses covered by the award for compensatory damages:

• Medical expenses
• Loss of wages, during recovery
• Loss of future income

The symptoms associated with a back injury highlight the reason for a claiming loss of future income. Serious back injuries can cause long-term debilitating symptoms. Those symptoms normally appear in combination with recurring pain. Moreover, the existence of other symptoms can make it more difficult to cope with the recurring pain. A listing of the other symptoms would make mention of stiffness, numbness, tightness and tingling, all in the area of the back’s soft tissue.

The area of the back that got injured can affect the seriousness of the victim’s injury. A spine might be hurt in the cervical, the lumbar or the thoracic area. Depending on the nature of the injury, the suggested treatment might call for completion of surgical changes. Some patients need to undergo a cervical fusion. A patient that has undergone a cervical fusion usually has a slow recovery.

Victims with a serious injury can expect to receive more money, in the form of compensation. As stated above the bulk of the compensation comes from the award for compensatory damages.

Sometimes the recovered victim lacks the ability to perform the same job-related tasks that he or she completed in the past.

When that is the case, the recovered victim might be forced to learn the skills associated with a new occupation. The time spent learning those skills forces a delay in the date for returning to the job. That delay means postponement of the power to earn a living. For that reason, an accident victim that must take on the skills associated with a new occupation tends to get a larger settlement. The forced changes in the victim’s means for earning a livelihood result in the awarding of a larger settlement.

How lawyers for the defendant might seek to reduce the size of the settlement?

Those personal injury lawyers in Kitchener will check to see if the plaintiff/victim followed the doctor’s orders. Evidence of a plaintiff’s failure to follow those orders can result in a lowering of the compensation that gets awarded to the plaintiff.

In Ontario, the lawyer can request only a limited amount of money for pain and suffering. On the other hand, an attorney for the plaintiff in a personal injury lawsuit can seek a larger award for losses caused by the need to take a new occupation. Those facts manage to explain why most of the plaintiff’s compensation comes from compensatory damages.