What Are Personal Injury “Damages”?

If you have been injured in an accident due to the fault of another person, you may be wondering what your claim would be worth if you hired a personal injury lawyer to pursue it for compensation. As Brantford injury lawyers, we often have potential clients who wonder what their claim is worth and whether it is worth it to pursue a claim with the assistance of a lawyer. There is no easy answer to the question “what is my claim worth?” so we will try to explain the variables involved.

After an accident, it is very difficult to know how much medical treatment and costs there will be long-term. Insurance companies will want a quick settlement. This is based on calculations and formulas that may have little to do with your personal situation. That is why a personal injury lawyer in Brantford can ensure that your compensation is tailored to your exact situation and offers enough resources for your continued healing and recovery.

First of all, when it comes to personal injury claims, if someone is found to be legally responsible for your accident and injuries, they are responsible for compensating you for your losses. Damages are what a victim is entitled to in order to bring them as close as possible to their pre-accident set of circumstances. Most claims are settled out of court with insurance companies. And understanding how damages are calculated by insurance companies as opposed to what an injury lawyer can realize for you is important when you are considering compensation for long-term injuries.

Damages fall into two categories: non-pecuniary damages (general) and pecuniary (special).

Pecuniary are quantifiable and compensate for financial losses. These are:

● Medical expenses
● Lost earnings
● Future lost income
● Potential future medical expenses

Many variables will enter into what damages you will be awarded. These damages will be impacted by who was responsible for the accident, the severity of injuries in addition to the future prognosis, pre-accident income, and age,

Non-pecuniary awards are intangible and those which cannot be quantifiable from a monetary standpoint. Pain and suffering is the most common kind of non-pecuniary damages. To establish non-pecuniary damages, many things come into consideration:

● The plaintiff’s age
● The nature of the injury
● The duration and severity of pain
● The disability
● Emotional suffering
● The amount of impairment of life or loss of life

Non-pecuniary damages can be difficult to assess. Insurance settlements typically will not provide for these types of damages.

Having the advice of a personal injury lawyer is often one of the most important decisions a person can make after an injury due to an accident. An injury lawyer in Brantford will review, investigate, and gather evidence to justify any pecuniary and non-pecuniary damages and maneuver the complex legalities and timelines involved. An injury lawyer will negotiate a settlement based on all the information with regard to your specific set of circumstances with your insurance company or will take the case to court if a settlement cannot be agreed upon.

If you have been injured in an accident, call the legal experts at APC Law to ensure that your rights are being protected.