Losses Covered In A Personal Injury Settlement

Personal injury lawyers do not refer to losses, when seeking compensation for their clients. Instead, then use the word damages. The person that has filed a personal injury claim has suffered 2 types of damages.

General damages

These are also called the non-economic damages. A personal injury attorney considers 3 aspects of each client’s case, in order to work towards attaching a quantity to the general damages.

The client’s pain and suffering are one such aspect. Did the client suffer any physical or mental pain? Did the client suffer any physical or mental discomfort?

Beyond the pain and suffering, did the client experience any decided level of stress, anxiety or depression? Those would be signs of emotional trauma. Such trauma qualifies as something that can be added to the list of general damages. Keep in mind the fact that the lawyer’s client would need to deal with the pain, suffering and trauma while proceeding with daily life. That fact introduces the 3rd aspect of general damages. What effect did the client’s injuries have on his or her daily life?

A good Personal Injury Lawyer in Sherwood Park studies 3 phases of the client’s journey through life. A part of that journey has been completed. How did the injuries affect the client’s life in the past?

What about the present time, does the client have to live with an ongoing condition? Finally, what about the future; will the client be challenged by a loss of opportunities to earn a living? Does it appear that the client might face other challenges?

Special damages

Because these are economic damages, a lawyer should be able to calculate the value for such special losses/damages.

The economic issues that have introduced the claimed damage are medical bills, damaged property and lost wages. The subject of lost wages covers both the money lost during the client’s recovery from an injury and the money that might be lost, if the client’s future includes a loss of opportunities to earn a living.

The claimant/plaintiff must produce proof of any claimed special damages. That proof might come in the form of relevant documents or records. The findings presented by a specialist could also serve as a form of proof.

A specialist might present an opinion that supports a claim, regarding an expected loss of opportunities for a client/plaintiff to earn a living. A specialist could give the prognosis for a patient that had a medical problem similar to the one suffered by the client/plaintiff.

The specialist’s report might include information on possible medical problems in the future. Not every employer feels ready to hire an employee that faces the prospect of such medical problems. That fact increases the value of the special damages.