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“Pain and suffering” is one of the most difficult factors to calculate in a personal injury case because it is hard to measure. However, most of the compensation corresponds to it, therefore, all victims must know how to identify this factor.
PAIN AND SUFFERING VARIES FROM ONE PERSON TO ANOTHER
In the aftermath of a personal injury accident, victims suffer various consequences depending on the type of accident. But it could also be said that the severity of the damage caused depends on the victim’s circumstances.
The accident causes the damages, and the damages vary by person. Why does this happen?
Because each person is different from another, and the consequences change according to their lifestyle and background. Two different accidents may cause the same injury, but one victim might be more affected than the other. Therefore, if the damages are considered greater, the compensation for them must be higher.
EXAMPLES THAT DEMONSTRATE HOW PERSONAL CONDITIONS AFFECT THE DEPTH OF THE DAMAGE
Suppose that a young pitcher (baseball player) is driving a car when suddenly, a drunk driver hits him. Due to the accident, the baseball player suffered a wrist injury.
The damages in his case are greater; because his future, his source of income, his job, his chances of being hired, and his self-esteem because of being an essential part of a team have all vanished as a result of the accident.
This young pitcher deserves greater compensation for his injuries than a common person because his injuries have a greater impact than they would on anyone else.
A second example could be that of a model
A model, who is allergic to shellfish, goes to a restaurant for breakfast. Before ordering, she informs the waiter that she is allergic and explicitly asks if the dish she wants to choose does not have any seafood-related components. However, when the model receives the food, they mistakenly give her a plate with seafood.
The food makes the model suffer from swelling on her face, lips, and eyes. She cannot attend a photo session for which she had been hired and several companies that were thinking of hiring her, abstain from doing so due to the accident’s consequences.
The model’s pain and suffering is greater than that of other people with the same allergic reaction. In fact, the short and medium-term consequences on her career far outweigh the medical expenses caused by the allergic reaction.
When she seeks her attorneys, they will try to show that her personal injury from defective products had a major effect on her and that she deserves more than the usual compensation for those damages.
A GOOD LAWYER TURNS PAIN INTO JUSTICE
The meaning of pain and suffering varies from person to person, but the need for a good attorney to obtain compensation is a constant.
Many accidents that cause pain and suffering occur in Ontario, so almost any personal injury lawyer in Kingston is prepared to understand the victims.