Although a car accident victim might know more than a repair technician, with respect to what took place during a given collision, that knowledge does not always offer a hint, as to a case’s value. Yet, by working with an Injury Lawyer in Georgetown, a victim/client can gain an understanding of its approximate value.
Evidence that aids determination of a case’s worth
A study of the police report: That shows what happened, and the sequence of the events both before, during and after the accident. It also reveals who was at-fault. The details on the diagnosis and the treatment prescribed by the physician that aided the healing of the victim’s injury. Your lawyer will do the calculation of the wages lost and the medical expenses
Issues studied by the court, when trying to determine the worth of a given case:
How accurately have the diagnostic procedures that were used managed to assess the nature of the victim’s injuries? Does it appear necessary to use new diagnostic procedures? The opinion of a specialist might be needed, in order to obtain an answer to those 2 questions.
Did the other driver commit a violation, during the moments that led-up to the collision? If so, then that fact should push the court to increase the case’s value.
Were there witnesses? What facts can be gained by examining the witnesses’ statements?
Are there any photographs of the damage to the involved vehicles? Are there any photographs of the injuries suffered by the victim? A lawyer might need to seek the help of a specialist, in order to explain the meaning of an image obtained by a diagnostic procedure. Some injuries remain hidden until a doctor has called for the proper test or imaging procedure.
Did the victim develop any scars as a result of the accident-caused injury? Did the victim have any scars, following the performance of a surgical procedure, one that became necessary, due to development of an accident-related medical condition?
What were the limits of the victim’s automobile insurance policy? Were those limits less than the total costs created by all of the accident-related damages? This issue gets raised repeatedly in the courtrooms throughout Ontario. If the limits on a policy are less than the costs, the recovery allowed for pain and suffering must be capped.
What happens when that recovery gets capped?
Placement of a cap on what the plaintiff/victim can claim for pain and suffering does not limit what can be claimed for other damages. A good lawyer understands how to make use of that particular fact. A good lawyer would call a court’s attention to things like the loss by the victim of a future earnings potential. Such a loss should work to highlight a case’s true worth.