One of the first questions people ask following an
accident resulting in a head injury is "what is my case worth?” But it is
difficult to assess compensation directly following an injury and in most
circumstances the true cost of an injury is unknown until you have had time to
seek medical treatment and proper therapy. That is why it is crucial to seek
advice from a lawyer to make sure you get the head injury compensation you
deserve.
Factors to Consider
There are many things to consider when assessing the
value of a head injury claim, including:
- the nature of the inquiry;
- the cause of the injury;
- the impact of the injury on your daily life.
In personal injury cases arising
from motor vehicle accidents for example, monetary damages are paid to an injured
victim by the at-fault party who is found to be legally responsible for the
accident. Once your lawyer has received sufficient medical information from
your health care providers and all facts surrounding the accident, a more
accurate assessment of your claim will be made.
Claiming Head Injury
Compensation
Most compensation in personal
injury cases are classified as "compensatory”, meaning that they are intended
to reimburse the injured party for what was lost as a result of the accident or
injury. Some compensatory damages are easy to quantify – such as reimbursement
for property damage and medical bills. But it’s more difficult to place a
monetary value on pain and suffering as a result of lingering accident-related
injuries, especially head injuries.
The different types of head injury
compensation can include:
- Medical
treatment – Includes the cost of medical care associated with the accident
– reimbursement for treatment already received and compensation for the
estimated cost of medical care needed in the future because of the accident.
- Property
loss – Clothing, vehicle or other items that were damages as a result of
the accident. You are also entitled to reimbursement for repairs or
compensation for fair market value of the property that was lost.
- Pain and
suffering – Compensation for pain and serious discomfort that may have been
suffered during the accident and in its immediate aftermath.
- Income– Reimbursement for the injury’s impact on your salary and wages, not just
income already lost, but also the money you would have been able to make in the
future, had the accident not happened.
In some cases an injured party’s
role in contributing to an accident or their inaction to seek medical treatment
after the accident, can diminish the amount of damages available in a head
injury claim. The
law
of Ontario recognizes contributory negligence, where the plaintiff’s claim
to damages may be reduced if the plaintiff has failed to take reasonable care
for their own safety or their own negligence has contributed to that loss.
A plaintiff must also take
reasonable steps to minimize the financial impact of the harm caused by the
accident. If the injured party does not seek medical attention when it is
reasonable to do so, a damage award might be significantly reduced.
The consequences of a head injury
can’t be underestimated. Get the head injury compensation you deserve by
seeking the expert advice of a personal injury lawyer.