How do you decide what my case is worth?
We have previously discussed the different types of damages in personal injury claims. You might be wondering how Courts and insurance companies decide how to compensate you for your injuries and losses.
To answer this question, you must first understand the difference between pecuniary versus non-pecuniary losses in a personal injury claim. The most common type personal injury claim is a Motor Vehicle Accident (MVA), also known simply as a car accident.
Non-Pecuniary Losses
The non-pecuniary category is the more challenging of the two to calculate in a personal injury claim. The reason for that is because they are not necessarily based on anything objective or clear. There is nothing you can point to calculate a specific number to award as these damages will not have an invoice or receipt for you to be able to add up and submit to an insurance company or a court. Examples of non-pecuniary damages are general damages for pain and suffering, loss of consortium, or future suffering. This is what makes it so difficult to assign a value to, because how can your pain and suffering for or emotional distress be assigned a dollar amount?
In law, the way that this is typically done is through something called “precedent”. Precedent is a principle or rule that comes out of a legal case that a court has already decided on. Cases that have made it to trial will have non-pecuniary damage awards which are determined by the Courts. Courts and decision makers in future will look to these cases to decide how similar cases should be valued. It is through these precedents this that your lawyer will determine how much your claim may be worth, by comparing it to cases and injuries which are similar to those that have made it to trial. Of course, no two cases are the same because each individual claimant is different, and their injuries are typically not exactly the same across the board. However, the cases do serve as useful comparison when evaluating a claim. Moustarah & Company has set many precedent cases for Personal Injury claims in the Alberta Courts. Primarily, in Edmonton Courts, but these precedents are used all across Alberta in calculating the non-pecuniary losses in personal injury claims.
Pecuniary Losses
Pecuniary losses for personal injury claims are a little bit more straight forward. You can usually easily calculate how much the loss is worth. Some of the pecuniary loss categories that you may have a claim for includes special damages (treatment for medications, treatment, transportation costs, retraining costs, or for housekeeping to name a few), loss of income, or future cost of care.
For example, you might have incurred medical costs for treatment, and there is a receipt with a clear outline of what the treatment cost. Another example might be for loss of wages, if you are unable to work because of an accident. Usually, you can calculate how much money you made before an accident, and how much you made after an accident, as a result of the disability caused by your injuries.
It is important to keep track of what your insurance company and benefits provider has not paid for so that you are able to submit those as part of your claim for compensation. Keep all receipts and hand them to your personal injury lawyer. Every expense will be included in your pecuniary portion of your claim.
How much is your personal injury claim worth: Consult with a Personal Injury Lawyer
When seeking compensation for a injury case, having an experienced lawyer by your side is crucial. At Moustarah & Company, we have the expertise and knowledge to fight for your rights and ensure you receive a fair settlement. Moustarah & Company will aggressively pursue all eligible forms of compensation. We fight to get you fair compensation, and we only charge fees once you receive your compensation. If you have been in a motor vehicle accident, and have questions about how much your personal injury claim is worth, contact the experienced lawyers at Moustarah & Company to discuss your personal injury claim. Centrally located in downtown Edmonton, your personal injury lawyers handle car accident claims all over Alberta. Contact Moustarah & Company today for your free initial consultation. Take our questionnaire to determine if you have a personal injury claim.