As a result of a serious accident, many victims will likely suffer from mental, emotional and physical pain and suffering. If the accident has been caused by negligent acts of the party at fault, it’s natural that you will file for compensation. However, insurance companies will not be quick to pay you the amount you have asked as a fair personal injury compensation for the different types of injuries that you have suffered. In some instances, you may need to appeal for the decision to award you a meager amount of compensation by the insurance company. With all these in mind, it’s vital that you work with a Toronto personal injury lawyer. Toronto, along with other major cities in Canada, has one of the highest rates of personal injury claims in Canada and some of the best personal injury attorneys in the country. What to consider when calculating compensation The amount of physical and mental suffering which you have undergone is the first consideration that needs to be taken into account. Pain and suffering are treated as general damages and among the hardest to compute and will require the services of a skilled, knowledgeable and experience of a personal injury lawyer. Current medical costs, therapy costs, lost wages, property damage and out of pocket expenses are among the special damages which should be taken into account when arriving at a fair compensation value. How long does the pain and suffering last? Current pain and suffering is what you go through from the time you get injured until when you complete the medical therapy and treatment. It has a clear end point and the exact duration can be measured. Also, there is the future pain that you endure from the time of the injury through the indefinite future and its duration is open ended and unknown. The personal injury lawyer you work with will help you figure out how much you should seek as compensation. In some instance, $3000 compensation can be fair but $20,000 may not be a fair compensation. Proving pain and suffering Although damages for pain and suffering are recoverable, you will need to prove them. The proof could take many forms and for you to recover more money, you should have enough evidence to support your claims. Some of the evidence that a personal injury lawyer can use are personal journals and photographs. Documentation from friends and family can also provide additional evidence on how the injuries suffered have affected the way of life of the plaintiff. In cases where the plaintiff is making claims for mental health issues such as insomnia and depression, proof of treatment by a mental health expert is required. Knowing how much is fair compensation A top personal injury lawyer in Toronto adopts a number of methods to arrive at a fair compensation. Among the approaches that can be used include: per diem method and the multiplier method. If you sustained an injury that will take a lifetime or which may need lifetime treatment, the attorney will ask for a higher amount. Consequently, a minor bump to the plaintiff’s head may not worth a lot. The attorney will exercise discretion and employ their experience in a bid to arrive at a fair compensation. If you deal with the insurance companies on your own, you may end up a lower amount and unfair settlement.
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