How Damages Are Assessed in a Personal Injury Case

When someone has been in a car accident, pedestrian hit, slip-and-fall or any other accident resulting in an injury, it is important to get the damages assessed by a personal injury lawyer ASAP. Only then will you be able to calculate fair compensation or at least decide the amount of money to settle the case out of court. But how do you place a dollar value on your injuries? What constitutes fair compensation? If you are wondering the same, we can help. Experienced car accident lawyers in Mississauga have come up with this blog post to explain how damages are assessed in personal injury cases.

Personal Injury Case: How Damages are Assessed

Physical Injuries

When an individual sustains a physical injury due to an accident, there are several factors to consider when calculating the amount of compensation to be demanded from the at-fault party. Some of those factors include:

• The nature of the injury
• The cause of the injury
• The impact of the injury on the individual’s ability to work or perform daily activities like household chores

If the nature of the injury is severe, causing long-term disability, the amount of compensation will be high. If the individual has suffered minor injuries, the compensation will be lower.

To figure out your compensation your personal injury lawyer will obtain your medical records and any corresponding bills associated with treatment. It is advisable to contact medical professionals to advise on your case and testify as expert witnesses to support your claim.

Property Damage

In the case of bicycle or car accidents, the victim’s property often gets damaged. If this occurs, your compensation should also include the value of the damaged property. Contact a professional to evaluate the property and determine the extent of damage. Your car accident lawyer will accompany the professional during the inspection so as to prepare a detailed record of damages.

Pain and Suffering

Unlike physical injuries, pain and suffering caused by an accident are not quantifiable which makes placing a value on them relatively difficult. To determine fair compensation for these non-economic damages, you need a medical professional’s testimony. Also, it should be shown that your pain and suffering has led to severe limitations on your ability to lead a normal life.

Loss of Income

If you’re unable to return to work because of your injuries, you have the right to claim for ‘loss of earning capacity’ caused by the accident. In this case, your attorney will contact your employer to get records of your average working hours per week along with your earnings, the income you may be currently losing, and what you may miss in the future. If the accident resulted in disfigurement (for example, the loss of a limb) or other permanent physical, mental or psychological impairment, your attorney can add this point for compensation as well.

Victim’s Role in the Accident

While you are the one who is seriously injured and are entitled to claim for damage, your actions or inactions in the accident will also be considered in determining the claim amount. For instance, if you were involved in a motor vehicle accident but were not wearing your seatbelt, this fact may diminish the amount of damages awarded. This is because the plaintiff failed to take reasonable care for their own safety and their negligence contributed to the loss. Other reasons why claim reductions might be imposed are:

• Plaintiff failed to wear a helmet on motorcycle or bike
• Plaintiff was under the influence of alcohol or other drugs
• Plaintiff was using the wrong lane

Make sure you share every detail of the accident with your car accident attorney so they can properly assess the damages involved before calculating the claim amount.

Determining the value of your personal injury case is essential to figuring out how much money you will need to take care of your treatment and rehabilitation and to recover at least some of your losses. It will also help lower the risk of being taken advantage of by an insurance company trying to devalue your claim. Hopefully, after reading this blog post, you understand how accident damages are assessed. If you still have questions, consult a personal injury law firm near you.

Jessica Arnold is a specialist in blogging, article writing and press releases. With a degree in journalism Ms. Arnold started her career as a Communication Manager for a start-up.