Accidents usually result in trauma of a physical and mental nature. It can be difficult to recover from the ordeal without proper medical care and attention. Accidents can also have long-term consequences that hamper the victim’s ability to work or live their life well. Therefore, it’s crucial for accident or assault victims to get apposite damages on their personal injuries.
A good personal injury lawyer opportunely files your claim and acquires you an apt compensation for your grievances. Personal injury claims usually require intensive research on the part of your attorney to find parallels to your specific case and match the personal injury compensation received in the previous cases. Hence, one of the most frequent doubts that plaintiffs share is, ‘What is my case worth?’
Here are a few common damages provided as a personal injury compensation:
Assessment of Damages:
Damages to an injury claim are paid by the defendant of the case that is the party at fault to the plaintiff or the victim. Injury claims are filed usually in the case of motor vehicular accidents, slip and fall accidents, and assaults. Before deciding the monetary amount of the compensation, you should consult your lawyer to assess the extent of indemnities.
Most of the reparations paid by your defendant are compensatory in nature. This implies associating a monetary value to your injuries to reimburse the cost of your complete rehabilitation from the accident. Other than medical bills and treatment costs, personal injury compensations include a recompense for the pain and suffering caused, reimbursement for your property, restitution for your family etc.
Your personal injury lawyer helps you evaluate the compensation required based on the nature of the accident, its cause and its effect on your life.
Compensatory damages include the basic reimbursements on your medical and remedial bills. They also include the recompose required to make your recovery complete and restore you back to your livelihood. Alberta Justice and Solicitor General’s Claims and Recoveries Branch is responsible for determining and dispensing the compensation for Motor Vehicle Accident Recoveries (MVAR).
Following are some of the requisite damages:
- Medical Treatment
- Pain and Suffering
- House maintenance
- Family member claims
- Damage to property
Assessment of Plaintiff’s Actions
After meeting the prerequisite requirements for an injured party, there are a few more factors that affect the amount of damages paid by the at-fault party or the defendant. If the plaintiff is partially responsible for the cause of the accident, then the compensation might change accordingly. In case of MVAR, if the victim was not wearing a seatbelt or a helmet while driving and the defendant is able to prove that the negligence of the same has changed the impact of the accident, the compensation is reduced. If the victim was found driving under the influence of alcohol or other drugs, he/she is considered about 25-45% contributorily negligent.
The plaintiff should also take immediate actions to aid his/her recovery by seeking medical attention or can be considered contributorily negligent.
Personal injury is a distressing experience for every victim. By taking timely measures and regular consultation with an experienced lawyer, you can get the recompense you need to speed your recovery and rehabilitation.