Different accidents cause an array of injuries and that’s why personal injury law is particularly broad and encompassing. The injuries can range from mild and insignificant bruises to severe harm to your body and mind. With this in mind, it’s important to understand that one of the most severe types of injuries that one might have to deal with is an accident which results in a severe brain trauma.
The criteria under which a case of the kind is weighed are pretty much the same as they are when it comes with regular personal injury. They are:
1. It needs to be clarified that the individual who has caused the injuries owed a duty of care and
2. It must be proven that said duty of care was actually breached – this is going to determine the defendant
Now, typically, the majority of the claims which involve brain injuries are usually the result of a certain motor vehicle accident involving the collision of two or more vehicles.
Road users, however, are required by law to maintain and exert a certain level of care and skill when operating a motor vehicle in order to avoid doing any damages. With this in mind, if an accident of the kind has taken place, it is important to take the necessary steps in order to prepare yourself for the following claim. There are a few different questions that need to be answered. Some of them are:
· What was the accident?
· What was the time when it happened?
· Were there any physical injuries?
· Were there any mental injuries?
· Who identified them?
Of course, other important questions such as the amount of money that was spent on recovery as well as other out of pocket expenses are also paramount. Strictly speaking, you can claim general and special damages and for the latter you will certainly need documentation in order to prove them. With this in mind, there are quite a few things that you have to be concerned with.
General damages are non-economic. Therefore, they aren’t determined by a document, receipt or a contract. They are assessed by the judge in every single case separately. They are based on the assumption regarding the suffering that the victim is going through as a result of the brain injury. And, given the gravity of the case, it’s safe to say that they are the most expensive damages which usually amount to hundreds of thousands of dollars. There is, however, a cap that you have to be aware of – as of right now it stands at $360,000 as determined by the Supreme Court of Canada – you can’t exceed this amount. However, when you have a personal injury lawyer in your corner, it helps to have the right legal representation when dealing with the insurance company and the defendant. Not only does the injury lawyer consider all aspects of your case but is not bowed down by aggressive tactics used by the insurance company to low ball you on the compensatory amount.