Assessing damages in personal injury claims
Experienced personal injury lawyers review the entirety of the circumstances of their injured client when assessing damages to be claimed. Over the years, the lawyers at our Ottawa personal injury law firm has developed techniques used to fully and properly evaluate the various losses associated with personal injury and accident claims. Our lawyers identify the various components of the claims possible for our clients and identify the various sources of information / evidence required to prove all heads of damages.
When pursuing damages arising out of injuries sustained in an accident, there are many types of damages that are normally associated with personal injury claims. Damages include but are not limited to general damages for pain and suffering, special damages such as damages associated with streams of losses such as loss of earning capacity, impaired earning capacity, loss of pension, loss opportunity and business losses, out of pocket expenses, medical expenses etc..
When injured, the victim is often left with a reduced ability to complete tasks of daily living such as household chores: cleaning, yard work and cooking. In catastrophic injury cases, accident and injury lawyers often do pay particular attention to this head of damage. However, in cases involving minor injuries, this head of damage is often overlooked. In assessing this head of damage (household services) and other losses such as future medical or care costs, lawyers ordinarily turn to experts in the industry such as occupational therapists and future care cost assessors. The occupational therapist assesses the physical limits of the injured person impacting their ability to complete services or tasks and the future care cost assessor determines the cost of replacing the services and tasks. Statistics Canada has statistics concerning the average number of hours which an individual spends on various types of activities per day, per week, per year. It becomes more complicated when the injured person is able to perform some of the services and tasks and not others or can perform services but must take much longer to complete the services and tasks.
Because many personal injury victims are disabled in such a way that they will require medical and personal care expenses well into the future, injury lawyers must advance a claim for costs of care on behalf of their clients. Injuries can prevent the injured person from performing certain household chores. It is possible to advance a claim for the loss value of those services. Examples of household activities include cooking, cleaning, kitchen wash-up, shopping, laundry, child care, house maintenance, car repairs, gardening, snow shovelling, household duties…
At Ottawa Personal Injury and Car Accident Lawyers, our lawyers are trained to investigate and pursue all types of damages. Our lawyers work on a no fee until you win basis and take all steps needed to maximize compensation our clients need and deserve.
Call us for a free consultation at 613-315-4878. No Legal Fees Until You Win – Contingency Fee Arrangements
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