3 Types of Financial Compensation in a Personal Injury Case

  • Posted on: 8 August 2017
  • By: admin

If you, or a loved one, have been injured in an accident, you undoubtedly have many questions. Chief among your questions very well may center in financial compensation, on getting a fair settlement or judgment in your case. There are a number of factors to bear in mind when it comes to financial recovery in a personal injury case. During a consultation with a personal injury lawyer, you will discover that there are three general types of compensation in an accident case.

1. Special Compensatory Damages

Special compensatory damages represent the payment of money designed to compensate an injured person for actual losses as the result of an accident. These includes such things as:

  • medical bills and expenses
  • property damage
  • lost wages
  • other quantifiable losses

2. General Compensatory Damages

General compensatory damages provide compensation to an injured person for what are known as non-monetary losses arising from an accident caused by someone else's negligence. These include:

  • pain and suffering
  • mental anguish and emotional distress

3. Punitive or Exemplary Damages

The final type of damages which might be awarded in a personal injury case are known as punitive or exemplary damages. Punitive or exemplary damage are awarded in lawsuits in a limited set of circumstances.

Punitive or exemplary damages are awarded in a personal injury lawsuit when a demonstration is made that the conduct of the party that causes an accident was particularly reckless or egregious. There are limitations on the amount of money that can be awarded in the form of punitive or exemplary damages.

Comprehensive Compensation in a Personal Injury Case

Following an accident, a skilled personal injury lawyer strives to obtain comprehensive compensation on behalf of a client. The stark reality of an accident caused by someone else's negligence is that losses can carry onward into the future. You very wall may face ongoing medical care and treatment following an accident. For example, you may require physical and occupational therapy as part of the recovery process.

On a related front, you may endure pain for an extended period of time. Some people experience pain from injuries sustained in an accident for the remainder of their lives. You may not be able to return to work any time soon. Indeed, you may never be able to return to the same type of work you enjoyed before the accident as a result of the injuries you sustained. All of these represent the type of reasonably foreseeable losses for which a personal injury strives to obtain compensation for a client. This includes striving to obtain full financial recovery during the claims settlement process or in a personal injury lawsuit.

Retaining the professional assistance of a skilled, tenacious personal injury lawyer is a wise step to enhance your prospect of obtaining justice in your case, and the compensation you deserve. The first step in engaging the services of a personal injury lawyer is scheduling what is known as an initial consultation. During an initial consultation, legal counsel provides you with an evaluation of your case. This includes a discussion of possible strategies designed to enhance the prospects that you obtain appropriate financial compensation in your claim or lawsuit. As a matter of common practice, a personal injury lawyer charges no fee for an initial consultation in a personal injury case.

Assessing Damages in a Personal Injury Case in Canada

  • Posted on: 22 September 2016
  • By: admin

If you have suffered any form of injury as a result of someone else’s negligence in Canada and many other countries globally, you are entitled to personal injury damages. Basically, the damages are meant to cover the losses you incurred because of the injury. By and large, personal injury law is very comprehensive concept about which a plethora of texts have been written. Here is a brief overview of what’s involved in assessing damages in a personal injury case in Canada.

Assessing the damages

The truth is, it’s quite complex to assess damages at the onset of a personal injury case. On the whole, the actual cost of an injury is indefinite until the injured party seeks medical treatment, receive adequate therapy, and have time for his or her body to rehabilitate, and get better—a process that can even take years.

For injury cases like motor vehicle accidents, the party at fault (who’s found to be responsible for the accident) is required to pay monetary damages to the injured victim. In Canada, the at-fault party’s insurance company is responsible for settling the damages. The amount of damages to be paid to the plaintiff can often be agreed upon before trial—at a settlement. In fact, in Ontario, over 90% of injury cases are settled prior to trail—which is a great thing for the personal injury victims.

There are several factors to consider when assessing the value of an injury claim. These include the cause of the injury, the nature of the injury, and the impact of the injury on the victim’s ability to work or accomplish his day-to-day activities such as work, business, household chores and even recreational activities.

Once your attorney has received adequate medical information from your doctor or medical specialist, he or she will be better placed to provide more precise assessment of the claim

Compensatory damages

In Canada, most injury damages are categorized as compensatory—which simply implies that they are meant to compensate the plaintiff for the losses incurred due to injury. The goal of compensatory damages is to make the plaintiff “whole again” or bring him or her back to his or her previous state of health before the injury incidence. While some compensatory damages are quite easy to quantify (for instance, reimbursement of medical bills or property damage), others are considerably complex (for example, putting a dollar figure on pain or suffering).

Conclusion

In Canada and many other countries globally, personal injury law is always a nuanced arena that require cosmic knowledge of tort and insurance laws. That’s why it’s critical to seek legal representation to take you through the process successfully.

The Evolution of Emotional Distress Claims in Personal Injury Lawsuits

  • Posted on: 1 September 2016
  • By: admin

Laws in Canada are subject to change and evolution. This includes laws associated with personal injury lawsuits in the country. A personal injury lawyer consistently finds his or her self faced with the evolution of laws involving accidents that give rise to injuries and damages.

One aspect of personal injury law that has been evolving in recent years is that associated with emotional distress claims. This has resulted in more emotional distress claims being pursued by a personal injury lawyer.

Overview of an Emotional Distress Claim

At the heart of an emotional distress claim is that the action or inaction of a third party resulted in an individual suffering some type of recognizable emotional or mental health disorder. Depression, generalized anxiety disorder, or PTSD represent three of the most common types of mental health problems lying at the heart of emotional distress claims in Canada.

Physical Harm and Emotional Distress

Historically, in Canada and other Commonwealth nations, a claim for emotional distress needed to be coupled with one for physical injury. In other words, in order to bring a claim for emotional distress in the first place, a person needed to have suffered a physical injury as well. The physical injury and emotional or mental health issue were intertwined as a matter of law,

Ultimately, in court decisions, the mandatory requirement that a physical injury exist to support a claim for emotional distress began to be reconsidered. At this juncture in time, in some instances, a person is now able to pursue a claim for emotional distress of mental anguish without any associated physical injury.

Expert Testimony

Because of the uncoupling of physical injury and mental or emotional distress, the need for expert testimony is even more important. In order to prevail in a case involving mental anguish, a personal injury lawyer arranges for a respected expert to testify about a client's mental health or emotional state and status. The expert must be able to provide compelling testimony about the nature of an emotional or mental health condition that arose from an accident or some other type of incident caused by a third party.

There is even a cadre of personal injury attorneys who focus their practices more specifically on assisting clients that have developed some sort of mental health or emotional problem as the result of the negligent conduct of a third party. These lawyers tend to be more closely connected to the experts necessary to provide testimony and other evidence in support of this type of claim.