How a Personal Injury Claim is Assessed


Experiencing personal injury, whether on a first-hand or second-hand basis, is a frightening event. Depending on the severity of the accident, the injured party may be entitled to compensation under personal injury law, in which case they would pursue a personal injury claim. Unfortunately, assessing damages in a personal injury claim can be difficult. In some cases, the Claimant may not receive full compensation until the full effects of the case are know, i.e. recovery time, medical expenses, etc. As this can take a long time, seeking a personal injury law professional can help expedite the process and ensure the Claimant receives proper compensation. For the most part, a personal injury claim is assessed by determining the following: 

Non-Pecuniary Damages

Compensation in this area is awarded for damages pertaining to pain, suffering and loss of amenity (the impact an injury has on the Claimant's enjoyment of life). With non-monetary damages, it is hard to determine a 'value' and unlike other damages, compensation cannot simply be assessed through a calculation. While no two incidents are the same, personal injury law cases often refer back to similar situations to use as guidelines. In Canada, the Supreme Court has also capped the amount of damages that can be awarded, seeing as no monetary value will ever remunerate damages incurred.

Special Damages

Special damages refer to financial losses incurred as a result of the accident. This may include expenses such as medical equipment, medication, travel (to medical appointments), repairs, etc. This part of a personal injury claim is much easier to assess a monetary compensation for. A personal injury law professional can often assist claimants in acquiring the documentation necessary to back up this part of a personal injury claim.

Lost Wages

Should a personal injury impair the Claimant's ability to work, the Claimant will also be entitled to compensation for lost wages. The monetary value of this compensation is assessed by calculating the amount the Claimant would have earned had the injury not occurred. However, if at the time of the case the Claimant is still not able to return to work and/or if the Claimant's ability to work is compromised, the personal injury claim will also assess future losses - by determining what annual net loss the Claimant will incur in the future.

Investing a qualified personal injury law professional can alleviate the stress surrounding your personal injury claim. An experienced lawyer can guide you through the claim process, ensuring you receive what you are entitled to. While monetary restitution may not be able to fully compensate for your pain, it can help make life easier during a difficult time.

If you have submitted a claim, but your claim has been denied, here is an article explaining what you need to know.

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