How are Damages Calculated in Personal Injury Suit?

When you file a personal injury law suit, the end result is usually a form of compensation paid to you. But how is this number calculated? Several factors are considered when figuring out how much you receive as a result of your injuries.

It can be very hard to figure out the amount of damages while the case is just getting started. In order to figure out what the real cost of the injury is, you need to go to a doctor to assess your condition, complete therapy as needed and let your body heal so you can see how it has effected your daily life.

This process can take a while so instant results are not the normal situation. You will need to hire a personal injury lawyer so they can oversee this procedure and make sure you are getting paid what you are owed.

The person at fault pays the victim of a personal injury but the money comes from the insurance company. Sometimes the amount to be paid can be agreed on by both parties before the case goes to court. It is estimated that about 2/3 of all personal injury cases settle before the trial.

You can receive compensation for two types of conditions: medical care or pain and suffering. Medical care is used for rehabilitation costs and treatment. Pain and suffering is a payment that is offered due to ongoing physical and emotional damage. This may include injuries that are a permanent disability, like paralysis, or disfigurement such as a lost limb.

There is a cap for damages awarded for pain and suffering, which was instigated by the Supreme Court of Canada in 1978. This cap is about $340,000 with only the most severe cases getting this amount.

Personal injury suits calculate compensation depending on the nature of the case and the injury. The type of injury, how it happened, and how it has affected your daily life are all factors that contribute to how much a claim is worth. The most important thing is to get a personal injury lawyer so they can make sure you are getting what you are owed.