The litigation is a time consuming and
expensive process. In a personal injury case, an out-of-the-court settlement is
beneficial to both the plaintiff and the defendant’s insurance company. A number of factors may help Injury Lawyer in Etobicoke determine a justified
settlement amount for the injuries experienced by you. The two most common
damages in personal injury cases are as mentioned below.
The
Special Damages:
These damages are also known as economic losses because the true value of the
damages can easily be calculated. These may include:
·
Loss
of wages and earning capacity
·
The
medical expenses
·
The
funeral and burial costs
·
Damage
to the property
The
General Damages: These
damages are also known as non-economic losses. These losses are difficult to
calculate by Injury Lawyer in Etobicoke. Any monetary compensation will be a
rough substitute. These damages may include:
· Scatological
pain and suffering
·
The
embarrassment and/or humiliation
·
Psychological
trauma and emotional distress
·
The
loss of social reputation
·
The
loss of consortium and companionship
Measuring
the Damages
The three-part process applied by most
insurance companies in order to measure the damages has been mentioned below.
For calculation for special damages, calculating
the medical expenses and lost wages is easier than calculating the loss of
earning capacity and future wages. In order to be served with a justified amount,
Injury Lawyer in Etobicoke must keep a detailed record of the things mentioned
below.
·
Therapeutic
procedures
·
Medical
treatments
·
Medications
Calculation
for General Damages
The settlement amount for these damages is
generally calculated as 1.5 to 5 times of the special damages. This amount may
vary depending upon the accountability of defendant’s action and the severity
of your injuries.
The
Adjustment of the Value
The insurance company will make a summation
of the total amount. A final adjustment will be made to this amount. The
benefits you will enjoy through an out-of-the-court settlement will determine
the amount of the adjustment. The additional influencing factors depending upon
the uniqueness of each case are as mentioned below. The defendant’s liability
will directly influence the amount of the settlement your Injury Lawyer in
Etobicoke can manage to negotiate.
Presence
of Multiple Toreadors
If more than one toreador is responsible
for your accident, you may have to deal with multiple insurance companies. The
amount of settlement will depend upon the amount paid by each tort-fearsome. The
place of the accident and the jurisdiction it falls under also factors into the
decision of the insurance company at the time of calculating a settlement
amount.
The
Mitigation of Damages
It is mandatory to seek proper treatment
after the accident. Your traumas may get aggravated in the absence of
appropriate medical care. An insurance company will lessen the value of your
settlement in a situation like this. Injury Lawyer in Etobicoke that is
representing you will be able to help you get the maximum settlement amount. Visit Here: MA Personal Injury Lawyer
