It is not enough to claim a lump sum for the injuries that
you have sustained in an accident due to other’s fault. You will have to
substantiate each and every aspect of your claim, as law only believes on
evidences and proofs. Therefore, the Injury Lawyer in Kitchener considers all aspects and further substantiates with all necessary documents so that the amount claimed is maximum, fair and reasonable as well. It will not be a fair
amount, if only the medical expenses are included. You will have to consider
the future medical expenses along with the cost of rehabilitation as well.
Consider The Special Damages
A fair claim amount will also include the emotional pain and
sufferings, damages to property, loss of wages, inability to spend quality time
with family and much more. Therefore, the damages claimed can be vast and
varied and within the peripheries of the law. An Injury Lawyer in Kitchener is
the best person to know all such damages that are categorized according to the
law and include all in your fair claim amount. One such category is the Special
Damages which can be supported and proved by the available bills and vouchers.
These are the figurative value of the economic loss and can be calculated
easily.
The General Damages
Next to the tangible costs come the General Damages that
cannot be calculated easily and is difficult to ascertain a figurative value in
terms of money. The Injury Lawyer in Kitchener will use different calculators
to quantify such damages and include with the claim amount to make it fair and
reasonable. It is the advocacy of the lawyer and the skill to make such claims
believable to the judge and the jury. Usually, general damages include all the
emotional stress and trauma that you undergo after the accident and to
calculate it the lawyer uses specific multipliers with the Special Damages to
give it a monetary value.
Punitive Damage Caused
These are the exemplary damages that are also included by the
Injury Lawyer in Kitchener in some cases. This type of damages is considered
only when there is more than the failure of duty of care and normal negligence
on the part of the defendant. Not commonly granted in ordinary personal injury
lawsuits, these damages are included with cases where there is a spiteful
instinct and vindictive attitude of criminal stature by the defendant. There
must be some malicious conduct by the defendant so that such punitive damages
can be included just to ensure that such actions are not repeated in the
future.
The Social Factor
Lastly, the social aspect is also not overlooked by the
lawyer in personal injury cases. These losses are similar to the emotional
losses but have certain specifics that distinguish them to some extent. These
includes loss of quality time with your family especially kids, loss of
companionship due to wrongful death, and even loss of consortium. It will also
include the loss of sexual intimacy with your spouse, comfort and affection
which a normal person would have enjoyed otherwise. Click here
