Recoverable Damages In Personal Injury Claims And Lawsuits

If you’ve sustained injuries in a motor vehicle accident, it will most likely be subject to Ontario’s no-fault. However, if you’re planning on filing a personal injury claim or lawsuit for damages, you’ll have to prove that the other party’s careless or negligent behavior caused the accident and your injuries. If you’re going to file a claim or sue for damages, you’re probably wondering what your case is worth. The answer is “damages” or what those injuries have cost you financially, physically, and psychologically. And you don’t get them easily after filing a claim and often need the services of a lawyer to help you get the entitled compensation.

Reasons for filing a Personal Injury Claim

There are many situations that entitle you to file for a claim. Personal injury cases often arise from a number of different events/situations including:

• animal attacks such as dog bites
• defective products (product liability)
• medical malpractice
• motor vehicle collisions
• slip-and-fall accidents (premises liability)

If any of the above are caused by someone else’s carelessness or negligence, you should consult with a personal injury lawyer in Waterloo about filing a claim or lawsuit against the person who caused your injuries. Most of them have worked on similar cases in the past and understand all aspects of your case with considerable ease. You need to ensure that you work with an experienced lawyer that has handled similar cases before.

Damages for Negligence

In order to establish negligence in a personal injury claim or lawsuit, you must prove the following:

• The person you are suing (defendant) owed you a duty of care and was responsible for acting in prudent fashion
• The defendant breached that duty of care
• You sustained injuries as a result of the breach
• The defendant’s breach of the duty of care they owed you caused your injuries and the losses you suffered as a result

The awarding of damages in a personal injury claim are intended to make the victim or plaintiff financially whole again. The most common damages awarded in these types of cases (depending on the severity of the person’s injuries) typically include:

• attendant care
• disfigurement and scarring
• emotional distress
• home maintenance and housekeeping expenses
• hospital and medical expenses including anticipated costs for future care and treatment
• loss of companionship/consortium
• loss of earning capacity
• lost income (past and future)
• pain and suffering
• permanent disability
• property loss
• rehabilitation and/or retraining expenses

If you or a loved one has recently sustained injuries in an accident that was caused by another person’s careless, negligent, or reckless behavior, you may be able to recover damages. Talk to a personal injury lawyer for more information.