Factors that are Considered in Personal Injury Settlements and Judgments

Putting a monetary value on an injury and its accompanying consequences is not a simple task. How can you put a value on every aspect of your life that has been negatively affected? The pain of your injury, the arduous task of rehabilitation, and the sentimental value of objects you can never recover are issues that the courts have had to face since their creation. Here are some of the factors that are considered in personal injury settlements and trials:

  • Extent of liability of the other party
  • Severity of injury
  • Permanence of injury
  • Economic damage (income, property, future earnings if provable)
  • Expenses for medical care
  • Prognosis for the future
  • Pain and suffering
  • Legal fees

While many of the interpretations of these factors include attempts at placing value on the intangible aspects of an injury, the factors themselves are based on measurable information for the sake of clarity and accuracy.

As an example, the age of a claimant is taken into account when evaluating a claim. While this is an objective measurement, the reason it is considered is because it accounts for some of the less quantifiable consequences of an injury. An older claimant may have more difficulty rehabilitating an injury or require more time to learn a new skillset if he or she is unable to work in the same occupation, while a younger claimant may suffer more emotional distress from physical impairments such as scarring.

It may not be possible to accurately put a number on exactly how much an injury has cost you, but the legal system does so out of necessity. If you live in the Toronto region and have suffered an injury or would like to discuss a personal injury claim with a lawyer, then call S.J. Chip Petrillo Law Barristers and Solicitors at (888) 309-6576. Our accident and personal injury lawyers provide our clients with quality legal services in an affordable and efficient manner. Call today to learn how we can help.

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