How The Nature of A Personal Injury Case Determines Compensation?

The accident victim that has filed a personal injury claim must prove that the defendant caused the victim’s injury. If that has been proven, the defendant gets held responsible for the victim’s injuries. The defendant must pay money to the victim/claimant.

How large a payout must the responsible party make?

Personal Injury Lawyer in Sudbury is of the view that depends on the level of severity of the claimant’s injuries and the extent of the claimant’s losses.

What losses might be claimed by the plaintiff in a personal injury case?

• Money paid to cover medical expenses
• Income lost when victim was unable to go to work.
• Damage to physical property
• Drastic changes to the claimant’s lifestyle, resulting in a loss of the enjoyment of life
• Pain and suffering

In what ways does pain and suffering create a loss?

• Someone in great pain struggles to complete any task.
• Someone that must suffer the pain and discomfort caused by an injury could develop emotions that tend to trigger a loss.
• Anguish invites loss of happiness.
• Fear invites loss of hopefulness.
• Anxiousness invites loss of appetite.
• Depression invites loss of energy and motivation.
• Anger can diminish a person’s ability to control a situation, such as ongoing negotiations.
• Humiliation invites loss of confidence.
• Shock can trigger a loss of controlled emotions, which can lead to mood swings.

Do victims normally recover from a loss caused by their emotions?

If the victim did not suffer a catastrophic injury or a permanent impairment, then the answer, in most cases is yes. Sometimes, though, a defendant’s actions have been especially reprehensible. In that case the injured party could recover quite slowly, or even incompletely, and so endure a decidedly prolonged loss.

For instance, if an injury must be corrected by surgery, there is chance that more surgery might be required in the future. That would force the recovered man or woman to take time off from work. Over time, that could create a challenge for the same man or woman. His or her repeated periods of not working could show up on a resume. That could make it difficult to find a means for earning a living.

How might a court address such a problem?

In such a case, the court might impose punitive damages on the defendant. Unlike the compensation for losses, the punitive damage award does not seek to put the plaintiff back where he or she was before. Instead, it represents an attempt to punish the defendant.

Not all plaintiffs welcome the imposition of punitive damages. The government can tax that money. For that reason, the plaintiff’s lawyer might try to convince a judge that a client deserves a larger compensation package, rather than the taxable damage award.