How Are Damages Calculated in a Personal Injury Case?

If you have been injured in a car crash or because of a defective product, you are entitled to compensation for your injuries. However, how much are you entitled to? That is something that your personal injury lawyers Toronto may be able to estimate during your initial consultation. Let's take a look at how damages are calculated by a jury or by those negotiating a settlement.

Determining Lost Wages and Future Earnings

Those who are forced to take a day off to go to physical therapy or take an hour or two off to go to a doctor's appointment after a crash may be compensated for their time. Injured victims who are unable to go back to work in a similar capacity as before their injuries may be compensated based on what their career prospects likely would have been. For instance, a 35-year-old may receive compensation based on 30 years of career advancement while a 55-year-old may receive compensation for 10 years based on his or her current salary assuming that further advancement may not occur.

Determining Punitive Damages In a Personal Injury Case

Punitive damages are meant to hold a person or entity responsible for their negligence in general. A jury may award an additional $1 million on top of other damages to someone hurt by a defective product to make sure that the manufacturer takes the issue seriously moving forward. Punitive damages may also be awarded in cases where a doctor or other medical professional didn't provide a duty of care or show remorse for his or her mistakes. In general, the amount of punitive damages depends on a party's financial resources as well as what a judge may consider a fair amount based on facts in the case.

Determining Actual Damages In a Personal Injury Case

Actual damages are costs that were paid after an individual was injured. For example, hospital bills such as an exam or surgery to correct a broken bone would be an actual cost. The price of modifications to a home or car after an injury would be an actual cost that can be verified and reimbursed. Other examples of actual damages include the cost of medication, crutches or physical therapy to build up muscle memory or to control symptoms following a head or other injury. These costs are generally easy to calculate as they are objectively documented, which makes them hard to dispute. Contact a law firm like Claim Accident Services to consult with them on damages.

Personal injury law allows you to obtain compensation if you have been hurt through no fault of your own. While your award may be calculated in a subjective manner, personal injury lawyers will work with the person or entity that hurt you to make sure that you get what you need to care for yourself and your family moving forward.