If you have received an injury due to someone else, you may be entitled to compensation that can go up to over $300,000 to be used toward your pain and suffering, as well as any medical expenses. If you are not sure how much you deserve, the courts can help assess your situation and give you the necessary information to determine how much your claim should be for.
How the Court Handles Pain and Suffering
Every case is unique and so is the calculation for pain and suffering. Many courts will cap the maximum amount to be paid in order to settle and to be realistic in payout. You will normally be issued the maximum payout if your accident is the result of a catastrophic personal injury that has led to the permanent brain damage or paralysis. A judge of the court can assess your case and help to determine how your injury has affected your life, including your ability to function as a whole. It will also consider your day-to-day activities and how your disability can affect that.
The Personal Injury Lawyer’s Role in Assessing Pain and Suffering
Once you hire a firm to represent you in court, your lawyer will then go to work by collecting all the information that is regarding your case. Its easy to pinpoint medical costs, property damage, loss of income, but non-economic damages, such as pain and suffering, is not that easy. Pain and suffering refers to a physical or emotional stress you put on your body or your injury has placed on your body due to your injury. How much loss of enjoyment of your life and any emotional disorders such as anxiety will also play a part.
The assessment of damages that your personal injury has caused is also a means of determining how or what your results will be in the end. Your lawyer will help you pre-determine the value of this overall damage that will help to determine your total pay out. Factors to help determine this amount include:
Your lifestyle prior to your injury
• The nature of all your injuries
• The complete effect that your injuries have on your life
• How well have your recovered from injuries
• The effects that the injuries have on your life now and in the future
The personal injury lawyer in Sault Ste. Marie that you hire to represent you will also consider any damages that has been awarded to others who have suffered injuries such as yours. While there is no set formula for determining your pay out, its important to keep in mind that every case is unique and is treated in this manner. All general damages are just a portion of your personal injury case. There are so many factors that will affect the way that your case plays out.