How Damages Are Assessed in a Personal Injury Case in Alberta
If someone else's mistake or misconduct has caused you physical, mental, or emotional pain, you may have the right to receive compensation. This type of legal action is made against the person at fault and seeks financial compensation, referred to as "damages," to cover the injury sustained. Damages gained in a personal injury lawsuit can include money to compensate for suffering or cover future medical care costs.
At Hamilton Cahoon, we offer specialized legal services to those who have suffered an injury or been involved in an accident. Our knowledgeable attorneys will evaluate each case to determine fault and assess the damages. We will work hard to get the best possible outcome for you and your family and help you throughout the process.
But how are damages assessed in a personal injury case in Alberta? Read on and find out:
What Exactly Are Personal Injury Damages?
Personal injury damages are a form of compensation that a person who has been injured due to the fault of another can seek. This compensation is meant to restore the victim to their pre-injury state, replacing any lost income, medical expenses, and other losses incurred due to the incident. The damages are not intended to punish the wrongdoer but to make the victim whole again.
Compensatory damages are categorized into two: general damages and special damages.
General damages compensate for non-monetary losses, such as pain and suffering, loss of reputation, and emotional distress. Special damages compensate for tangible financial losses, such as medical bills, lost earnings, and property damage.
Examples of Personal Injury Damages
Pain and Suffering
Pain and suffering refer to the physical and mental anguish caused by an injury or trauma. This could include feelings of depression, anxiety, physical incapacitation, weakness, exhaustion, and emotional distress. Monetary damages are awarded to compensate the person for this type of suffering.
Medical Care Cost
Medical expenses, including hospital bills, rehabilitation, and prescription expenses, are all examples of special damages you can claim in Edmonton if you have been injured.
Loss of Income
You can also seek compensation if your ability to earn your income has been affected or if you have already lost wages as a result of your injury.
If any belongings or property were damaged or destroyed by the accident that resulted in your injury, you could be awarded compensation for those, too.
How Are Personal Injury Damages Assessed in Alberta?
The process of assessing personal injury damages in Alberta begins with an evaluation of the type of injury you have suffered. A medical professional, such as a doctor or physical therapist, does this. They will assess the extent of your injury, its impact on your life, and the treatment you need to recover.
Once the medical professional has assessed your injury, they will provide a report to your lawyer. This report will determine the amount of compensation you are entitled to receive. Generally, the amount of payment is based on the severity of the injury, the amount of medical bills you have incurred, and the amount of lost wages you have suffered due to the injury.
In addition to assessing the physical injuries, personal injury damages in Alberta also include compensation for emotional distress or psychological trauma. This includes payment for any fear, anxiety, depression, or other emotional distress you may have experienced due to your injury. If you have suffered from any of these psychological conditions, it is essential to discuss them with your lawyer so that they can be included in the assessment of your damages.
Finally, your lawyer will also consider any other losses you may have suffered due to the injury. This could include any damage to personal property, loss of income, or other expenses related to the injury. Your lawyer will use this information to calculate the total damages you are entitled to receive.
In Alberta, personal injury damages are usually paid out in the form of a lump sum. This means that the entire amount of your damages will be paid in one payment. However, if your lawyer believes that your case warrants it, they may be able to negotiate a structured settlement. This means your damages will be paid out over time in a series of payments.
Overall, understanding how personal injury damages are assessed in Alberta is vital for anyone who has suffered an injury. Knowing the process can help you make an informed decision about your case and ensure you receive the compensation you deserve. A Medicine Hat lawyer can help you understand the complexities of a personal injury case.
If you need help with any legal matters, Hamilton Cahoon is here to help you out. Our team of experienced Medicine Hat lawyers can provide support with a range of issues, including family law, civil litigation, personal injury, real estate, and more. Get in touch with us to arrange a consultation and get the advice you need.