During negotiations, a lawyer for a victimized client can appeal to the feelings of those that are being asked to provide some form of compensation. The same approach cannot be used in a courtroom. Yet the judge and jury can be asked to consider money for pain and suffering. How then, does the plaintiff make a case for a high level of pain and suffering?
Jobs to be completed by the plaintiff’s lawyer:
Experienced injury lawyers in Burlington have learned how to work with accountants, in order to put a dollar figure on a client’s pain and suffering. The accountant matches the client’s losses with a recognized amount of money. The court acknowledges the existence of the accountant’s findings, if those have been introduced in the courtroom.
Experienced lawyers also hire engineers. An engineer can go to the accident scene. By studying that scene, the engineer can work to measure the extent of the damage suffered by the lawyer’s client. Engineers do not measure feelings. As a result, their measurements can be used in a courtroom as proof of extensive pain and suffering.
An attorney might hire an investigator as well. Investigators can retrieve material from the junkyard, the resting place for damaged vehicles. Once retrieved, it can be examined by an engineer. Investigators can also contact witnesses. A witness’ testimony can be used in court.
What actions can be taken when the legal system has put a cap on the award for pain and suffering?
If the reader of this piece happens to live in Canada, then he or she is probably asking that exact question. Canadian lawyers must deal with the fact that there is a limit to how much money any client can receive for his or her pains and suffered problems. The Canadians that are members of the legal profession have learned how to handle that challenge.
Although Canada’s legal system has put a cap on such awards, it has placed no limits on the money awarded for other losses. Ontario lawyers make the most of whatever money their clients can receive. The legal system provides their clients with other sources of financial help.
There is no limit on the amount of money that any accident victim can get as compensation for lost earnings. There is no limit on the size of the compensation for things like attendant care. Consequently, a good lawyer works to maximize the size of the client’s compensation for those losses that have not been capped.
If that approach does not provide the victim with a fair compensation, then the injured victim must give thought to suing the responsible party. Until then, no one gets named at fault for a given motor vehicle accident.