When the subject of personal injury claims in Cambridge is being discussed, the first thing that often comes to mind is compensation and general damages for a person’s pain and suffering. A personal injury lawyer that specializes in this particular area of the law knows that compensation for pain and suffering is oftentimes significant. However, there is much more involved in many personal injury cases. So some cases will be considerably more lucrative for the plaintiff than just damages.
How much is Your Case worth?
One of the many responsibilities of personal injury lawyers aside from seeking monetary compensation is the establishment of value in claims that involve the pain and suffering factor. Consequently, the question “How much is my case worth?” can be difficult to answer initially without a serious evaluation of the circumstances surrounding it. The value of a personal injury case is calculated by taking a number of factors pertaining to the case into consideration. These include:
- how well you recover if you do
- nature and extent of your injuries
- your health prior to the accident
- your life style prior to the accident
Unlike in the US where personal injury victims are oftentimes awarded millions of dollars for general damages, the largest amount of damages recorded in a Canadian personal injury case a couple of years ago (2014) was just under $360,000. Although it sounds crazy to put that high of a price tag on the concept of pain and suffering, there was a reason why the Canadian Supreme Court established limitations on the award amount.
For any injury lawyer in Cambridge and their support team that is involved in a personal injury claim, measuring an individual’s pain and suffering is literally impossible. After all, how can you put a price on an intangible object? As a result, a judge or jury will be concerned with answering questions such as “Why is person A’s pain and suffering greater than person B’s?” Suffice it to say, answering such a question and establishing a value can be extremely challenging and somewhat frustrating. You have to wonder if it is calculated fairly under these circumstances. If you like, you can always get a second opinion by referring to another lawyer. That will help you get more clarity.
The Supreme Court of Canada made pain and suffering somewhat easier to quantify by capping or setting a ceiling on the amount of damages that could be awarded. Also, the Supreme Court did not want to see a situation evolve like it has in the US where these damages could skyrocket into the millions of dollars. Unfortunately, many personal injury lawyers along with their injured clients feel that the cap is unfair and that the person will not be adequately compensated for their pain and suffering. As it currently stands, receiving the maximum award is a rare occurrence.