Due to the negligence of another party, an injured client will have a specific value in which they can be awarded as a result of the damages incurred from the accident. The process of assessing and determining the value of a case will often be extensive due to the vast amount of information and research required to assign a value to a case.

Examples of some of these relevant factors that must be considered when determining the value of a case include the type and severity of the injury, the injury’s impact on the client’s job, hobbies, and life, and the client’s earnings before and after the incident.

The below-listed factors are simply a handful of conditions that need to be considered when assigning a valuation to a client’s claim, and there are many more factors to be considered throughout this process. This process can take time depending on the severity of the injury and the estimated recovery timeline, which are crucial in determining the value of a claim.

Liability: 

An essential aspect of assessing the value of a case is understanding who, if anyone, is legally responsible for damages that occurred due to the accident. This is typically done by analyzing if certain legal elements have been met or breached, such as; Duty, Causation, or Breach of Duty.

There may be several parties being investigated when attempting to answer the question of liability, including the injured party. More than one party can be found liable, all to certain degrees. For example, if the injured person is found to be 10% at fault for the incident, and the case is valued at $150,000, the award will be reduced to $135,000.

Once liability has been considered and assigned, damages or losses resulting from the case can usually be assessed. If there is any risk that a judge or jury will find the injured person either caused or contributed to the accident, the client’s lawyer should ensure this is considered when proceeding with the legal case.

Maximum Medical Recovery: 

The most straightforward way to assess the total amount of damages or losses a person has incurred is to reach maximum medical recovery from the initial injury. With that said, this is often not the case, as injuries sustained are frequently long-lasting and intricate.

Litigation can often be a long-drawn-out process that, if not settled, can go to trial regardless of whether or not the client has reached maximum medical recovery. Medical experts are often consulted to provide a professional opinion on the sustained injuries of the client and the future care that will be required in order to recover.

Based on the opinions of the judge, jury, or lawyer, the damages will be assessed by breaking them down into specific categories. These categories include general damages, special damages, and punitive damages.

General Damages: 

General or ‘non-pecuniary’ damages award a person for non-monetary losses that were endured in an accident. These can include intangible losses, such as pain and suffering, mental anguish, and loss of enjoyment of life. Due to the fact that these damages are non-monetary, they can typically be more challenging to assess and are more subjective than other damages. For example, calculating the monetary value of the loss of companionship for a spouse, child, or parent can be exceedingly difficult.

General damages can be assessed in various ways, such as comparing the accident to previous cases of similar nature, as well as comparing the plaintiff’s life before and after the accident to identify the impact on his or her life.

Punitive Damages: 

The aim of punitive damages is not to compensate the plaintiff, rather to punish the defendant. It is a means of the judge or jury punishing the egregious acts of the defendant. Punitive damages are rarely awarded in Canada.

Special or Pecuniary Damages: 

Special damages are less complicated than general damages because they are less subjective as they refer to monetary compensation for quantifiable losses.

Examples of special damages include but are not limited too; past and future loss of income, medical and rehabilitation costs, cost to repair/ replace any property damages.

In addition, some legal fees and expenses may be covered under the category of special damages.

Conclusion: 

In conclusion, it can be seen that assessing the damages and losses of the plaintiff can be an extraordinarily complex and challenging process. This process requires an extreme amount of experience. If you or somebody you know has been involved in an accident resulting from a negligent act, you should contact a personal injury lawyer immediately for expert advice.

Resources:

https://otlablog.com/what-is-my-personal-injury-case-worth/