Fair Justice: All the Basics about a Personal Injury Claim

When a person suffers an injury, the court will examine two main things: what the injuries are and who is responsible for them.

Injuries are the medical designation of what happened to a person. It’s important to make sure that there is a medical diagnosis for the injuries. It could be an aggravation of a prior injury or something completely new – either way, it’s good to have a diagnosis to validate the injuries.

The “who is responsible” part looks at what the person did to cause the injuries and if they were working at the time. If they were at fault for the injuries, they would be included in the lawsuit.

When the two parts add up to be enough to win a case, there will be some compensation for the injuries.

What Damages Can Be Considered a Personal Injury?

There are a lot of injuries and a lot of different types of damages that can be attached to a personal injury. The following are a few of the more common damages categorized by injury.

1. Medical Bills & Future Care Costs

These are the bills that are paid out of pocket by the patient  including treatment costs for health providers. These can also include claims for treatment that will be needed in the future.  They’re part of what will get paid after the lawsuit is settled, and it’s important that they are all accounted for in order to get the right value for them.

2. Lost Wages

If a person can’t work because of their injuries, they are entitled to compensation for lost wages. Lost wages can include an amount for past loss (from the date of injury to present) as well as future lost wages (present to retirement age).

3. Pain and Suffering

These are the less-defined damages that the person experiences because of their injuries. They are the most subjective damages as the value depends on the impact on the person’s ordinary life.

The value of pain is also shifted by how severe the pain is, how long the pain lasts, and how long they will be affected by it.

Tips for Personal Injury Claimants

Personal injury claims are a complicated process that involves a lot of paperwork and a lot of work. Hiring a lawyer is imperative.  Personal Injury claimants can assist their claims by:

1. Seeking medical care. This is important even if they don’t think they’re injured. If they don’t go to the hospital or see a doctor, they could be forfeiting potential compensation.

2. They should be detailed in their discussions with doctors when discussing their injuries to ensure the doctor properly documents the injuries in their medical records. This will show doctors, lawyers, and the court that they’ve discussed their injuries and have been treated for their injuries.

3. They should get copies of the police report.

4. They should identify witnesses who can help support their case.

5. They should get a lawyer as soon as possible.

Conclusion

Overall, a personal injury claim is a lot of work, but the goal is to ensure that an injured person receives compensation for their losses.

They are also tricky to navigate. There are a lot of medical terms, a lot of questions, and a lot of complications. In short, the best way to approach them is to get a good lawyer.

If you are looking for well-trusted personal injury lawyers in Welland, look no further than our experienced practitioners here at Parlatore Law. We are a Personal Injury law firm serving the surrounding areas of southern Ontario including Niagara Falls, St. Catharines, Niagara-on-the-Lake, Welland, among others. Call us today and let’s discuss your injuries and the best approach to advancing your claims.