If you have had a car accident, a slip and fall accident or any type of injury you may have many questions concerning your legal rights. You might even wonder what your case is worth.
Factors when calculating Damages
Financial damages are usually paid to you as the injured victim in a personal injury case by the defendant or at-fault driver’s insurance provider. Most of the time insurance companies pay the damages to the victim for car accidents and other injury cases. Oftentimes, both the parties agree upon the damages in a settlement, rather than going to trial.
Compensatory Damages in Personal Injury Cases
The intention of trying to monetarily compensate an injured person is classed as compensatory. It is intended to compensate for what the injured person has lost due to the accident. With property damage or medical bills the compensatory damages are easier to figure. The not so easy damages to figure are the victim’s pain and suffering or limitations placed on their daily life.
Some Common Damages in Claims
• Medical Treatment: Costs you have paid out-of-pocket for medical treatments due to an accident are usually reimbursed to you along with other medical care costs. You could also receive an estimated amount of costs for future medical care because of the accident.
• Pain and Suffering: Compensation that you could be eligible to is for pain and suffering that you have endured or might continue to suffer that resulted from the accident. The damages from pain and suffering are known as non-pecuniary.
• Income: If an accident has had an impact on your salary and wages from the past or future you could be entitled to compensation. A loss of earning capacity will allow that you be awarded damages for future income. Your current pay slips and other benefits will be considered before they give an amount on future income loss.
• Family Member Claims: Family members that are allowed to sue for financial care after an accident are: eligible spouses, children, grandchildren, parents, grandparents or siblings in the event of a victim’s death.
Damages Recovered in a Claim under the Family Law Act could include:
• Loss of income damages of the victims income.
• Funeral expenses of the victim.
• Travel expenses involved with visitation to the victims place of treatment or recovery.
• Expenses of the claimant providing services to the injured such as housekeeping, nursing, other services, loss of income allowance or the value of provided services.
These damages can be significantly reduced for the claimant, if the victim contributed in any negligent manner to the accident. That is why it is important to talk with your personal injury lawyer in Sudbury before you actually file a claim.