Category: Damages

What is my claim worth? Non-pecuniary damages and loss of opportunity

Once the initial shock of suffering an accident has passed and you have made the decision to go ahead with legal action to recover financial damages for your injuries, it is natural to wonder how much money you could be awarded. This can be a difficult question to answer, as there are many factors that go into determining the value of an injury claim.

There are many different types of losses that can be claimed following an accident. In previous blog posts, we have discussed some of the factors that may affect the value of your claim, and the broad categories of damages that usually apply. Continue reading

Damages for Emotional or Psychological Injuries

If you are injured in an accident, one of the first things you will likely do is see your doctor to get treatment for your injuries. Physical injuries are often easy to see and might take the form of cuts, bruises or broken bones. By contrast, emotional or psychological injuries from an accident may not be so readily apparent and can sometimes take time to manifest.

A study published in 2018 found that individuals involved in car accidents are at increased risk for a variety of psychiatric disorders, and that post-traumatic stress disorder (“PTSD”) in particular can be a concern for people involved in motor vehicle accidents. Continue reading

Can I Still Receive a Damage Settlement If I had Pre-existing Medical Issues?

You may be concerned that having pre-existing medical issues before being involved in an motor vehicle accident may preclude you from claiming compensation for your accident injuries. Most people carry the residue of some prior injury or illness. Many of us have suffered a broken bone as a child or have work or sport-related injuries. Some people may be dealing with more serious health problems or chronic medical situations that require ongoing treatment. The good news is that having pre-existing health concerns doesn’t mean you cannot receive a damage award if you suffer new injuries in an accident or if a pre-existing condition is made worse. Continue reading

Considerations That May Limit the Amount of Your Personal Injury Damage Award

If you have been injured in an accident, you may decide to file a claim and seek compensation for your losses from the at-fault party. We have discussed the kinds of damages that you may be able to make a claim for in this post. They include damages for financial losses, like lost income if your injuries prevent you from working, as well as general damages for things like pain and suffering or esthetic prejudice (e.g., disfiguring injuries that may require plastic surgery or dental surgery).

However, it is not a given that you will get everything that you ask for. Continue reading

How is Loss of Income Calculated After an Accident?

If you have been in an accident, you may have suffered injuries that prevented you from working while you recovered, or that will prevent you from returning to the same job – or even working at all – in the future. The person responsible for your injuries may have an obligation to compensate you for your lost income. But how are those losses calculated?

Past Loss of Income

The amount of salary that you may have lost before your case goes to trial, or before a settlement is reached is known as past loss of income and is often fairly straight-forward to quantify. Continue reading