Following an accident in which you are injured, one of your first thoughts (after the initial assessment of your injuries) will most likely be in regards to compensation and how much you are owed. Unfortunately, it is pretty tough to assess damages, especially early on in the case. However, once the recovery period is in its advanced stages, after a series of treatments and therapy, a true assessment can be made.
The problem with this is that the stage of recovery can take years and cost the injured a fortune. This is also what makes it so important for you to get legal help early on and thus, the funding your treatment requires. Lawyers who have the necessary experience in regards to personal injury law will also have medical treatment resources at their disposal which they can refer you to.
Assessment Factors for Damages
In the aftermath of a personal injury case, damages will be paid to the plaintiff (the injured). These damages will be paid by the defendant who has been found liable for causing the accident, or rather by the defendant’s insurer. The exact amount of damages is determined during a settlement which takes place prior the trial.
While assessing the claim’s value, there are a multitude of factors to consider, such as the nature of the injury, its cause, and the impact said injury has on the plaintiff’s working ability and their day to day life, i.e. performing chores or caring for their children. Additionally, loss of companionship, loss of wages and future income potential is also considered to ensure that the accident victim gets the right amount of compensation to tide over the difficult period.
After you have hired your Injury Lawyer in Kitchener, they will obtain your medical information from your health care professional and make the initial assessment in regards to your claim. They may do this by taking a look at similar cases they have worked in the past or by comparing your claim to the records of cases worked by other lawyers.
Compensatory Damages Explained
In personal injury cases, the paid damages fall under the category of compensatory, which means their purpose is to compensate the plaintiff for the losses they have suffered as a result of the accident. From a financial standpoint, the compensatory damages award should put the plaintiff back into the position they would have been in if they had never been in the accident. Part of these damages are quite easy to put a monetary value on, like factual medical bills and property damage, but other damages like pain and suffering and physical consequences are far less objective.