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What to Expect From Your Personal Injury Claim in Canada
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What to Expect From Your Personal Injury Claim in Canada

Feb. 15, 2018 - in Personal Injury Claims

The reality of personal injury claims in Canada is that proving them and securing a fair settlement is often difficult. You must have the evidence but also know how to present it correctly.

The following questions are common inquiries received by an injury lawyer in Oshawa. These answers give you a general overview of what to expect and show why retaining a lawyer can be the best decision you make after an accident.

How much are these cases generally worth?

The value of a personal injury claim can literally range from zero to one million dollars. These cases are usually as unique as the individuals involved which is why few Oshawa personal injury lawyers offer a general range for damages.

In most cases, an accident that causes a death or a permanent disability will be worth much more than one that merely causes whiplash. Even then, individual concerns vary. A neck strain/sprain may not have much effect on an office worker but an employee who performs construction may be left unable to work while recovering. Each situation produces a different claim value due to the loss sustained by the victim.

How are personal injury settlements determined?

Settlements are determined by the following factors:

  1. Medical costs including out-of-pocket costs and long-term costs;
  2. Pain and suffering, meaning impacts on everyday life;
  3. Lost income;
  4. Property damage; and
  5. Claims of family members, especially if they paid medical expenses or lost income due to your injuries

Most of these are easily calculated except for pain and suffering and family impacts. Those categories are subjective and more challenging to assess in these claims.

What is pain and suffering?

Pain and suffering refers to the subjective impacts of injuries. If the injury affected your happiness or productivity, you can claim monetary damages to compensate you for those shortcomings.

How do we prove pain and suffering?

Pain and suffering assesses quality of life after an accident. If a victim is unable to perform a favorite activity or is left unable to participate in an active lifestyle, they can request damages for those losses. Pain and suffering also refers to long-term impacts; a marathon runner who sustains paralysis would have little issue with showing loss.

You do not have to be an athlete to confirm pain and suffering. Discomfort or a loss of independence can also confirm a reduced quality of life. Emotional trauma is also a common element in pain and suffering damages.

What does the court consider when setting damages?

The court considers monetary loss, subjective damages (like pain and suffering), and family member claims. In cases with gross negligence, punitive damages may also be considered. But punitive damages are rare in personal injury cases.

Do I need a personal injury lawyer?

A personal injury lawyer in Oshawa will prove extremely helpful in the following circumstances:

  • You sustained injuries serious enough to require medical treatment;
  • Those injuries resulted from the negligence of another person;
  • The other driver’s insurance company constantly contacts and pressures you;
  • You face a involved or long recovery.

Personal injury claims are not easy and can become complicated, especially if you face a long recovery. While these questions provide a general overview of the reality of Canadian personal injury claims each case is unique. That is why calling an injury lawyer is your best course of action if you were injured in an accident.

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