Edmonton, Canada — Personal injury claims are common in Alberta, like any other part of the country. However, there are many parameters involved in arriving at the right settlement amount. James H. Brown & Associates from Edmonton is one of the top personal injury law firm from Edmonton, which is listed on best business recommending websites like ThreeBestRatedⓇ, has found some time to educate common people on the important aspects of this context. Here is what they brief on the topic:
What Are Head Of Damages In Alberta?
In general terms, heads of damages refer to the legal classifications of losses for which an injured individual can seek compensation in a personal injury lawsuit. In Alberta, the amount awarded for injuries is determined through the assessment of various heads of damages. Common heads of damages that typically arise in personal injury cases consist of the following:
- General damages, which encompass pain and suffering, as well as emotional distress or psychological harm.
- Special damages, which cover out-of-pocket expenses.
- Loss of valuable services.
- Punitive damages, aimed at penalizing the wrongdoer.
Types Of Emotional Damages
Here are some of the important types of damages,
General Damages
General damages, often referred to as non-economic damages, are awarded to an injured individual for intangible losses. These damages account for aspects such as pain and suffering, emotional harm, loss of life enjoyment, and a decline in lifestyle quality. Calculating these damages can be challenging, as the loss is often subjective. For instance, determining the monetary value of losing a relationship due to an accident differs significantly from the cost of medical appointments. A crucial element that can influence the amount of general damages awarded following an accident is the severity and duration of the injury. Typically, more serious injuries with lasting effects will result in higher settlement amounts.
Special Damages
Special damages, also known as economic damages, are awarded to reimburse out-of-pocket expenses incurred due to an accident for which you were not at fault.
Despite being termed ‘special damages’, this category is quite common. The objective is to restore you to the financial position you would have occupied had the accident not occurred.
Your compensation for special damages in a personal injury settlement will encompass the following:
- Out-of-pocket medical costs, such as expenses for prescriptions, physical therapy, and psychotherapy.
- Property damage, including the costs associated with repairing or replacing your vehicle or other damaged personal items.
- Future care costs, which provide compensation for projected future expenses related to treatments, prescriptions, and other necessary care resulting from your injuries.
- Loss of income or earning capacity.
Settlement & Methods
There is a widespread belief that pursuing a personal injury claim for compensation necessitates going to court. However, the truth is that the majority of personal injury claims are settled through an agreement known as a ‘settlement.’
A settlement is a negotiated arrangement between your personal injury attorney and the party responsible for the accident (or their insurance provider or representative). The compensation you receive to resolve your claim will be influenced by your specific situation and the severity of your injuries. Generally, your settlement amount will take into account any financial losses you have faced, compensation for pain and suffering, out-of-pocket expenses, as well as future loss of income potential or ongoing medical expenses.
Your settlement could be structured as a lump sum payment, which is a single payment that resolves the claim completely. This type of settlement is the most typical. Alternatively, some settlements might be disbursed over a period of time. This arrangement is known as a structured settlement and is typically employed for very large settlements or in cases where the individual receiving the settlement is under 18 or unable to manage their financial responsibilities.
Time Of Settlement
As mentioned earlier, the majority of personal injury claims are settled without going to court. Nonetheless, the timing of your settlement will differ based on your approach to the claim and the tactics employed by the at-fault party’s legal team.
Some claims are resolved quite early in the process. This is more frequently observed in cases involving fatalities or severe injuries that are unlikely to improve over time.
More commonly, negotiations for settlement will become more aggressive following the questioning stage of the personal injury claims process. At this juncture, you won’t have to incur the hefty expenses associated with a trial, yet all pertinent facts of the case will be on record. This means both parties will have a clear understanding of what a trial’s outcome might be and the potential value of your compensation claim. Thus, it is generally advisable to settle at this point in the process.
However, it is crucial to consult with a knowledgeable personal injury attorney to formulate your legal strategy for your compensation claim. Your individual injury and circumstances will dictate the most effective approach to secure fair compensation, and an experienced lawyer will be best equipped to assist you in negotiations.
In any case, it is vital that you refrain from signing any documents that the at-fault party’s insurance company presents to you before consulting with a personal injury attorney. Doing so could jeopardize your right to file a claim or lead to a diminished compensation amount.
Finally, James H. Brown & Associates clearly states that the amount of your personal injury settlement will differ based on several factors that are specific to you, your injury, and your circumstances. To gain a complete understanding of your claim’s value, it is crucial to speak with a personal injury attorney.
Consulting a knowledgeable lawyer can assist you in identifying the applicable categories of damages, allowing you to initiate the process of obtaining just compensation for your injury. If you find yourself in this situation, feel free to arrange a complimentary consultation with James H. Brown & Associates.
