The amount of money you will receive to settle your claim for a serious injury depends on your unique circumstances. It’s often better to focus on speaking with a personal injury lawyer to protect your rights in the early stages following an accident, instead of the compensation claim. This is because the value of your claim can’t be worked out immediately – the process takes time.
This blog post will discuss what factors are used to work out what a personal injury claim is worth, so you can better understand the legal process and what goes into getting you fair compensation following an accident.
What Is My Personal Injury Claim Worth?
A personal injury claim is a type of lawsuit you can file following an accident if you are injured.
The amount of money you may receive for your personal injury settlement depends on a number of factors, including:
- Whether you were at fault or partially at fault for the accident.
- The type and extent of your injuries (more serious injuries tend to result in higher compensation claims).
- If you are unable to work as a result of your injuries and, if so, for how long.
- The likely ongoing impact (and cost) of your injuries.
- The cost of your medical expenses.
These are just some of the factors used to determine ‘damages’. We’ll discuss what this means in more detail below.
Understanding Your Personal Injury Settlement
Your personal injury settlement will vary depending on the types of ‘damages’ you are entitled to, as well as the factors that impact your compensation claim (outlined above).
Some of the types of damages you may receive compensation for include:
- General damages, which cover pain, suffering, and loss of enjoyment of life.
- Damages for loss of income and/or loss of earning capacity.
- Compensation covering the future costs of care.
- Special damages, which cover the costs you have had to pay as a result of your injuries.
General Damages
You may be entitled to general damages for pain, suffering, and loss of enjoyment of life as a result of the injuries you receive in an accident. The amount may vary depending on a range of factors, including the severity and duration of the pain, emotional suffering, impact on your relationships, and loss of lifestyle.
The impact your unique injury has on your life takes some time to determine. Here’s an example showing why:
Two people are injured in a pedestrian accident when a drunk driver crashes into them while they cross the road. Both suffer back pain as a result of their injuries. However, one has severe back pain that lasts for two months and then goes away following a surgery. The other is left with chronic back pain that lasts for more than two years, impacting their ability to work, enjoy their hobbies, and spend time with loved ones.
Despite being injured in the same accident, each of these injured Albertans would likely be entitled to different compensation, including different amounts of general damages for back pain. This why it’s best to focus on protecting your rights by speaking with a personal injury lawyer as early as possible following an accident.
Loss of Income/Loss of Earning Capacity
If you are unable to work or your future earning capacity is lower as a result of your injuries from an accident, you may be entitled to damages.
The exact amount of damages you will receive for loss of income will vary depending on how much time your doctor recommends that you take off work. It can be relatively small if it’s just two weeks, or significant if you need to take two years (or more) away from your job.
Damages for loss of earning capacity take your future earning capacity into consideration and try to compensate you for that. It considers whether you may be unable to achieve promotions or other job opportunities as a result of the injury. Again, since the long-term impact of your injuries aren’t always obvious immediately after the accident, this can take time to determine.
Costs of Future Care
You may be entitled to claim compensation for reasonable costs you may have to pay in the future for your care. This category of damages only applies to costs that you are not otherwise covered for, like prescriptions that aren’t covered by an extended healthcare plan.
Not everyone who is injured will receive damages for future costs. These are usually determined when you have received medical care and your injruies are no longer getting any better or worse. Once we know what your care will look like for the foreseeable future, it’s possible to work out what the costs of future care may be.
Special Damages
You can also claim compensation for many other costs you have had to pay as a result of your injury. This category of damages includes compensation for things like:
- Uncovered medical treatments and prescriptions.
- Mileage and accommodation for medical treatment.
- Professional help around the house.
- Childcare.
One important thing to note about claiming these damages is that the costs must be ‘reasonable’. So, you likely can’t stay in the most expensive hotel and only take luxury vehicles to your appointments.
When To Speak With A Lawyer About Your Compensation Claim?
As you can see, it’s generally a good idea to wait until your injury has stabilized and you know what ongoing impacts it will have before you finalize your compensation claim.
But this does not mean you should wait until you are healed to speak with a personal injury lawyer. In fact, you should speak with an experienced lawyer as soon as possible following your accident to protect your rights. This approach gives you the best chance to receive fair compensation for your injury.
If you want a personalized assessment of what your personal injury claim could be worth, schedule a free consultation with one of our experienced personal injury lawyers. We offer legal services in 12 languages, including English and French, and our experienced team has settled injury claims for tens of thousands of injured Albertans.
