If you’ve become hurt at work or in a motor vehicle accident
due to the negligence of another person, you may want to recover the monetary
value of the damages. The impending personal injury lawsuit can be like a cloud
looming over your head throughout your recovery process. In the event that a
settlement cannot be reached, your case will go to trial and the ensuing
lawsuit can go on for years before you receive any compensation. This makes
choosing an experienced lawyer a daunting task. The person you represent must
fight with your best interests in mind for years to come, so you will need to
choose someone who will commit to getting you results. Below is a list of
events that may cause a victim to pursue a personal injury lawsuit.
Causes of Personal Injury Lawsuits
- Car accidents;
- Truck accidents;
- Motorcycle Accidents;
- Pedestrian Accidents;
- Bicycle Accidents;
- Slip and Fall Accidents;
- Medical Malpractice;
- Accidents at work;
- Fatal accidents.
If you or a loved one suffers an injury, there are many
things that will be considered when determining the value of the settlement.
For example, if the nature of your injury impedes your ability to work again or
restricts your ability to do your everyday tasks and recreational activities,
you may be entitled to receive a greater compensation. When a victim is
injured, they are presented with immense challenges and numerous life changes.
To help the plaintiff cope with these challenges, there are a number of
different factors for which compensation can be awarded.
Compensation
Medical Treatment
Personal Injury damages awards usually contain within them
the cost of medical care associated with the accident, including the
reimbursement of medical expenses that you have already incurred and those that
you will require in the future as a result of your injury.
Pain and Suffering
You will be entitled to compensation for the pain and
suffering that was endured or will continue as a result of the injury. In 1978,
the Supreme Court of Canada put a cap on the amount of damages that could be
awarded for pain and suffering. The logic was that no amount of money can truly
provide restitution, and thus, any amount of money received for pain and
suffering would not be compensatory. Instead, the award for pain and suffering
is meant to make life more manageable for the plaintiff, and since future care
and loss of income are compensated by law, they have put a limit on the amount
one can receive. If you are in a motor vehicle accident, the injuries sustained
must meet a certain legal threshold in order to be eligible to collect the pain
and suffering compensation.
Income Earning
Capacity
Unlike awards for pain and suffering, the threshold does not
affect awards for the loss of future income or capacity to earn an income.
Prior to your trial, you can receive only 80% of your lost net income less any
accident benefits that are received. After trial, you can receive 100% of your
gross loss of income.
In a
personal
injury lawsuit, victims may also be compensated for housekeeping and home
maintenance services if the nature of their injury restricts their ability to
complete their daily tasks. If any items were damaged as a result of the event,
compensation for the loss of property may also be claimed. If you or someone
you love has become injured and is considering a personal injury lawsuit, it is
important to find experienced lawyers to help guide you through the process and
give you the best chance at maximizing your settlement.