One of the first questions our clients ask is how much. Usually, they are not referring to how much we charge because we work on a contingency basis and will only take money off the settlement amount. They are asking how much their case is worth. Truthfully, any good lawyer would not tell you from your first consultation how much your case is worth. The purpose of this blog is to inform you of the factors that may be considered if you have been injured. You should also note that the goal of personal injury awards is not punitive in nature, rather it is compensatory, meaning the point of the award is to set you whole again from a monetary perspective.
Here are the main factors:
- Medical Treatment:
This includes out-of-pocket expenses incurred since your injury for medical care. This also includes an estimated amount as deemed necessary for your future medical care.
- Income Loss:You may be eligible for lost income since your accident. Since your injury may also affect your future income, an award may include a “loss of earning capacity.”
- Pain and SufferingYou may be entitled to compensation for pain and suffering you endured, or will continue to endure, as the result of the accident. The purpose of this award is to make life more endurable subsequent to the injury.
In the event of a motor vehicle accident, this sort of claim is more limited. In order to sue the at-fault party in the accident, your injury must pass a certain threshold. That threshold may be met if the injuries led to a serious and permanent injury or impairment (of a physical, mental, or psychological function), or death.
Furthermore, even if the injury does meet the threshold, there is still a $30,000 deductible from the amount you would receive (unless it exceeds $100,000).
Note that claims for loss of income or loss of earning capacity are not affected by the “threshold.”
As you can probably tell, there are too many variables in play to ascertain an award for damages so early on. And although forty years of experience does give us some idea, each case is different and deserves individualized attention. For that reason, if you are injured, call Toronto personal injury lawyers Bergel, Magence, LLP at 416-665-2000 so we can start working on your behalf today.