One of the more intricate aspects of personal injury law is the way in which insurance companies evaluate a plaintiff’s claim for benefits or compensation. You have to ask yourself how insurers can establish an arbitrary amount on a person’s lost wages, their pain and suffering, and most importantly, their quality of life. This seems like such a subjective task and yet your injury lawyer and team of legal assistants are confronted by this dilemma on an ongoing basis.
It’s important to understand that personal injury claims are not rolled up as one neat and tidy package. They are more like a melting pot of separate components, yet each one is critical to the outcome of a claim for benefits or damages. Of particular note is the concept of pain and suffering. Unlike personal injury claims in the US, the Ontario Provincial Government has established a cap for the amount of damages that can be awarded in these types of cases.
In Canada, pain and suffering damages are capped around $340,000 and are awarded to individuals who have sustained injuries in an accident and:
- are incapacitated and can no longer function
- had an arm or leg amputated
- have nightmares about their accident or injuries
- suffer with anxiety and depression
- suffered a spinal cord or traumatic brain injury
- take prescription painkillers to ease their suffering
The process of evaluating a personal injury claim in Brampton is usually predicated by adding up the all of the damages and losses that apply along with the amount of out-of-pocket costs and legal fees. At that point, the insurance company will quantify these damages in order to establish a settlement amount. Naturally, there are going to be variables that must be considered such as:
- causation
- contributory negligence
- credibility
- credibility of the physician
- liability
- life expectancy
- pre-existing condition
- previous medical conditions
So as you can clearly see, these personal injury claims can be extremely complex and require the expertise of an experienced personal injury lawyer and their legal teams. It’s important to understand how the assessment of damages transpires in these types of cases. First and foremost, the intention of compensatory damages is to make the injury victim and his or her family whole from a financial perspective.
Furthermore, the quantification of damages will range from relatively easy to extremely complex or difficult. Damages such as attendant care, home maintenance and housekeeping services, lost income, medical expenses, and property loss are easy to quantify. Conversely, placing a dollar amount of emotional distress or pain and suffering is far more complicated. Taking all of the above into consideration, the importance of having the support of an experienced injury lawyer and their legal teams cannot be overstated in Brampton. Thus, start looking today or give a call to the most experienced lawyers in the city and let them handle the case. They will be able to draft a strong case and help you win.
We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!
