If you become injured, you may use a personal injury lawyer and seek the financial compensation you are entitled to. But while most people know that they may be entitled to damages after becoming injured, very few know that there are different types of damages. Depending on the details of your injury, you may be entitled to varying amounts of compensation.
What are Damages in a Personal Injury Case?
In personal injury law, the purpose of damages is to “make the plaintiff whole.” This means that if you have been injured, damages are intended to compensate you and bring you as close as possible to the state you were in before the injury. Of course, this is sometimes impossible; for example, if you have become disabled, no amount of damages can change that. However, the laws take into account many factors when determining the amount of damages an injured person is entitled to.
Factors to Consider When Assessing Damages in a Personal Injury Case
Determining damages isn’t an exact science. For instance, it can be hard to determine just how much someone’s pain and suffering is worth. To assess damages, there are a lot of factors which are taken into account. These can include:
- The nature of the injury (e.g. broken leg, traumatic head injury, bruising, etc.)
- The cause of the injury (e.g. car accident, dog bite, slip and fall, etc.)
- The age of the injured party (i.e. how long will they have to suffer from the injury?)
- The severity of the injury (i.e. how much pain and suffering is the injured party experiencing)
- The impact on your work and life (i.e. is the injury affecting your day-to-day life or your ability to work)
- The level of disability caused by the injury
- The level of post-injury care or rehabilitation that will be involved (i.e. will you need ongoing medical expenses, or will you be forced to hire someone to assist you with day-to-day tasks?)
Types of Damages in Personal Injury Cases
If you become injured, Toronto personal injury lawyers may seek the following damages on your behalf, depending on which ones apply to your case.
After being injured, you may have to pay medical bills out of pocket: testing, rehabilitative care, hospital fees, and treatments are all things that you may have to pay for as a result of your injury. You can seek these damages to ensure that you don’t end up paying for the medical care that you need.
Pain and Suffering
Personal injury law takes into account the pain and suffering that you have experienced from an injury. While pain and suffering is intangible, you can still receive compensation. The amount you are entitled to is often based on a formula, taking into account lost wages and medical costs.
Following an injury, you may be unable to work or carry out tasks at your job. In addition, you likely have to take time off for doctor’s appointments or other things related to your injury. If you have lost income due to your injury, you can be compensated for your losses.
Family Member Claims
Your family members are impacted by your injury too, often suffering financial losses due to visiting you in the hospital, taking care of you while you’re injured, and/or paying for expenses related to the injury. If your family has suffered financial losses due to your injury, they may be entitled to compensation as well.
If you have been injured in an accident, your property may have been damaged too, whether it’s your car, clothing, or phone. You may be entitled to compensation for any property damage that has occurred.
Housekeeping and Home Maintenance Services
If you can no longer handle regular housekeeping or home maintenance services due to your injury, then you may be entitled to compensation to help you cover related costs or expenses, such as hiring a housekeeper.
Have you suffered an injury? Taverniti | Vashishth LLP handles personal injury claims ranging from dog bites to car and road accidents to slips and falls to catastrophic claims. We are equipped to handle the most complex legal and insurance issues arising from your accident. To arrange a free consultation with one of our lawyers, call (905)-264-8686 or visit our web site.