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Personal Injury

Assessment of Damages in a Personal Injury Accident

Overview:

An accident not only causes physical and personal Injury but also causes anxiety, frustration, mental and physical pain, and fatigue.

This personal injury accident brings with it both legal and personal challenges. Most of the time if the correct advice from a personal injury lawyer in Halifax is not taken at the right time, it results in the loss of the compensation for which the injured victim (plaintiff) has right upon. Most of the personal injury claims are termed as “Compensatory” which means they are intended to compensate the plaintiff from the monetary perspective. some compensation can be calculated easily like medical treatment cost, loss of wages etc. but needless, to mention, it is difficult to calculate the compensation that can match the personal physical loss like pain, loss of enjoyment of life, impairment, temporary or permanent physical disability or in extreme cases death

The biggest dilemma in the minds of the injured victim (often called as Plaintiff) is “How much worth is my case?”

In most of the cases, a single individual can only assess the worth until you get a consolidated cost of the medical treatment which can take years and can be very expensive but the real cost is much more than this which includes the above-mentioned loss of wages for miss employment, emotional and qualitative aspects too. Therefore it is very important to seek the advice of a personal injury lawyer who has resources and therefore, can guide you in the right direction

How to assess the value of the claim?

Consider the following factors while assessing the value of the claim:

  1. Nature of the injury
  2. Cause of injury
  3. Impact of injury the physical ability
  4. Impact on your daily routine including work, household work, and recreational activities

Who bears the cost of monetary damage?

In accidents causing personal injury, the monetary damages are born by the at-fault party (defendant) to the injured victim (plaintiff). In most of the cases, an insurance company is responsible for the payment of damages in motor vehicle accidents and slip and fall cases.

Common damages in personal injury cases:

  1. Medical treatment: This includes reimbursement of the medical bills and the compensation of the medical treatment you require in future
  2. Pain and suffering: You are entitled to claim the compensatory amount for the pain and suffering you had or will continue to have. The mount may go high as $340,000.00 In order to claim the injuries must either have resulted in:
    1. Death;
    2. Permanent physical disability like loss of limb or permanent scar
    3. Permanent impairment of a body function.
  3. Income:
  4. You can claim for the accident’s impact on your salary and wages in the past and in the future. 100% value of the gross income can be fully be recovered in the lawsuit.
  5. Housekeeping and Home Maintenance Services: This includes all the compensation for housekeeping and home maintenance services you are unable to do as a result of injuries.
  6. Property loss due to the accident:
  7. If any clothing or other items were damaged as a result of the accident, you are entitled to reimbursement for repairs or compensation for the loss which are out of -pocket expenses. However, most of the expenses if the insurer does not pay, these expenses can usually be recovered in the lawsuit (tort claim).
  8. Family Member Claims:
  9. Family members may claim for their financial losses related to care, guidance and companionship suffered as a result of the victim’s injuries. There is no deductible in situations where death occurs as a result of the accident or if the damage exceeds a value of $50,000.00

What are the types of claims under personal injury cases?

  1. actual expenses incurred for the benefit of the victim
  2. money damages for the loss of income of the victim
  3. actual funeral expenses
  4. Travel allowance for visiting the hospital
  5. Cost of nursing, housekeeping or other services for the person
  6. Compensation amount for the loss of guidance, care, and companionship that the claimant might reasonably have expected to receive from the person if the injury or death had not occurred.

What are the actions or inactions that can reduce your claim amount?

In some cases, the plaintiff’s negligence for road safety can cause a reduction in the claim amount. Such examples are:

  • Failure to wear seatbelts
  • Failure to wear helmets on bikes or motorcycles
  • Alcohol intake during or just before driving
  • Negligence in taking medical treatment immediately after the accident

Contact Wagners:

Wagners are exclusively personal injury lawyers at Halifax that have almost 80 years of exclusive experience in handling personal injury compensation cases including legal trials. We ensure that your legal needs are met with the highest level of professionalism and success rates.