Whenever there is an accident or someone gets hurt due to the negligence of another individual, it becomes important to seek justice from the at-fault party. That is one of the reasons that injury claims are filed. Though there are various categories of damages under which compensation is awarded, the legal system lumps all the losses from one accident together, and refers to them as damages.
Each damage falls into one of 2 categories
Economic damages: Those that have a clear monetary value. Any loss of income, loss of employment and other monetary losses are calculated under this term. Loss of consortium and lack of normal family life is translated as monetary value and damages. Other damages that are paid include medical expenses, cost of repairs to damaged property and future medical costs, rehabilitation and housekeeping charges, in case of disabilities.
Non-economic damages:
Those that do not have clear monetary value but are sources of mental distress, such as inability to sleep, depression, anxiety, or extreme fear. Pain and suffering is given a monetary value and damages are awarded based on the level of suffering endured by the plaintiff.
Method for doling out damage awards
A judge has the right to grant damage awards to a plaintiff that has won a personal injury case. Depending on the nature of the defendant’s behavior, while inflicting damage to a person or a piece of property, a judge might grant to a plaintiff the payment of punitive damages. The funds for such an award would come from the defendant.
What factors work to determine the size of a given damage award?
Personal Injury Lawyers in Red Deer know that some jurisdictions put a cap on the size of the award for non-economic damages. A judge would know about the existence of any such cap in a given jurisdiction.
A defense lawyer might call attention to the facts, concerning the extent of the plaintiff’s effort to mitigate the extent and severity of his or her injuries. That action could push the judge to reduce the size of the awarded damages, in a case where the plaintiff has failed to mitigate the severity of an accident-caused injury.
If the court or the insurance company has demonstrated concern, regarding a suspected bias on the part of the plaintiff’s treating physician, then the same plaintiff could be ordered to undergo an independent medical exam(IME). Thus, the results of the IME might affect the size of the damage award.
It becomes essential to consult with a personal injury lawyer to ensure that your rights are protected. Trying to do it all on your own does not help as such claims are complex while the insurance companies try to lowball you with the compensatory amounts.