If you have recently been involved in an accident which left you injured, you may now be thinking about filing a claim against the liable party in order to receive compensation for your losses. In association with this, you will likely also be wondering how that claim would be worth. There are quite a few factors to consider when you try to establish the worth of a claim, and pretty much all of these factors are different forms of damages.
You will be entitled to different types of damages depending on which types of losses you sustained as a result of the accident; physical injuries, psychological harm, financial losses – all of these will factor into the claim you are filing and the damages you are claiming for. Ultimately, how high the settlement will be is fully dependent upon the negotiations taking place between the injured, the Injury Lawyer in Vaughan, the insurance company, the defendant, and potential other involved parties.
What are compensatory damages?
The vast majority of personal injury damages an injured party claims for are compensatory damages. Their purpose is, as the name would suggest, to compensate the injured for their losses which have resulted from the accident and the resulting injuries. The general idea is to give them enough financial compensation to allow them to return to the place they were in before they were injured. It is not easy but recovery and rehabilitation can take a long time.
There are certain types of losses which are easily quantified in a financial sense, such as medical bills, rehabilitation expenses, property damages, but others are not as easily stamped with a price tag, like pain and suffering, or decrease in overall life enjoyment. When it comes to the latter, negotiations are key for obtaining fair compensation.
What are punitive damages?
These types of damages are rather rare when it comes to personal injury cases, since they don’t serve the purpose of compensating the injured, but are instead supposed to punish the liable party. As a result, punitive damages are only brought into play when a defendant is found guilty of a conduct that is truly reprehensible, and the resulting damages they are forced to pay are meant to heavily discourage them from ever expressing such behavior again.
Can a plaintiff’s behavior influence their damage award?
The behavior, actions, or lack thereof expressed by the plaintiff before, during, or after the initial accident can influence the outcome of a personal injury case. And negatively so. A plaintiff’s damage awards can be reduced in certain situations, so it is best to consult with a personal injury lawyer in Richmond Hill.