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Know About The Damages Awarded In Regards To Personal Injury Claims November 12, 2018

Following a physical, psychological or emotional injury suffered in Alberta in the event of any kind of personal injury claim, you may find yourself in a position in which you are entitled to receiving damages as a form of compensation. Monetary compensation, which are also known as damages in legal speak, are owed to the plaintiff, the injured party, by the defendant, the person who is found liable for the sustained injuries.

A tort claim refers to a claim filed in the aftermath of an accident in which one party suffered injury or loss and now seeks financial compensation for it. A tort claim in reference to a motor vehicle accident can be filed to seek compensation for any pain, suffering, or expenses which resulted from the injuries sustained during the accident and are not already covered by accident benefits you have received from your insurer. These kinds of lawsuits are filed against the insurer of the liable party found responsible for the accident.

The purpose of compensatory damages is to return the plaintiff back to the state in which they would have been if the accident, and the connected loss and injury, had never occurred. These damages are referred to remedial. The two main categories among compensatory damages are called general and special damages and their respective purpose will be explained below.

General Damages Explained

The court awards general damages in case of any non-financial losses which have been proven to be a direct result of the defendant’s misconduct and have caused suffering to the plaintiff. These include: inconvenience, a decrease in quality of life, physical pain and suffering, mental anguish, physical impairment or disfigurement, and a loss of companionship. However, these damages can be highly difficult to quantify since experiencing them is a very personal and subjective matter.

To help appropriately determine the correct amount of general damages that should be awarded, the court has to look at a selection of factors which include, but are not limited to the plaintiff’s:

• age
• state of health before the accident
• injury and the nature of it
• level of pain and its duration
• level of disability
• impairment in regards to physical and mental capabilities
• emotional suffering
• impairment on life and lifestyle

In addition to this, the court will consider older cases with similar circumstances.It is important to talk with your personal injury lawyer in St. Albert about your case and they will help you get the assistance that you deserve. They understand the nuances of the claim process and will help you walk through it so that you get the highest amount in compensation.