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How Does the Injury Law Team at KMSC Law Determine What My Case Is Worth?
posted in: Personal InjuryOne of the most common questions we hear during our free consultations at KMSC Law is, “What is my case worth?” This is understandable—many people come to us because their ability to work has been impacted or their quality of life has been dramatically altered due to their accident. While seeking justice is important, receiving fair compensation is often what will allow you to move forward and rebuild your life. So, how does the Injury Law Team at KMSC Law assess the value of your case?
What Is My Case Worth? Key Factors
In Alberta, when you file a lawsuit for a personal injury claim, various types of compensation—known as “damages”—can be considered. These heads of damages outline the physical, financial, and emotional losses you’ve incurred due to your injury. Here are the key categories:
- General Damages (Non-Pecuniary Damages): These compensate for non-monetary losses like pain and suffering, loss of enjoyment of life, and any permanent physical disfigurement. While the Supreme Court of Canada has capped compensation for pain and suffering, it’s important to know your rights.
- Special Damages (Pecuniary Damages): This category covers out-of-pocket expenses incurred as a direct result of your accident. It includes medical expenses, costs to repair damaged property, and other immediate financial losses.
- Loss of Income and Loss of Earning Capacity: If your injury has caused you to miss work, you may be entitled to compensation for lost wages, as well as for future loss of earning potential if you can no longer perform your job or have to get a different job that has less income earning potential.
- Cost of Future Care: For those with ongoing medical needs, this category covers the anticipated cost of care, therapies, and treatments that will be required in the future.
- Loss of Consortium: Spouses or partners may be compensated for the loss of companionship, care, and affection caused by the injured person’s inability to participate in the relationship fully.
- In Trust Claims: Family members who have had to step in to provide care or perform tasks on behalf of the injured person may be able to claim compensation for their efforts.
- Punitive and Aggravated Damages: Though less common, these damages may be awarded when the defendant’s conduct was particularly malicious or egregious, and they are meant to punish the defendant rather than compensate the plaintiff directly.
How Does KMSC’s Injury Law Team Determine What Your Case Is Worth?
Determining the value of your case is not a straightforward task. Our Injury Law Team takes a compassionate, thorough approach, ensuring that every aspect of your injury and its impact on your life is taken into account. Here’s how we do it:
A Holistic, Team-Based Approach
KMSC Law prides itself on a team-based approach to injury law. When you work with us, you’re not just getting one lawyer—you’re getting the collective expertise of our entire team. We then collaborate with a wide range of professionals, from doctors and specialists who assess the severity of your injuries, to accident reconstruction experts who analyze the details of how your injury occurred. This helps us build a comprehensive case that fully represents your situation.
Medical Experts and Financial Analysts
We don’t rely on guesswork. Medical experts such as orthopedic surgeons, physiotherapists, and vocational consultants work with us to understand both your immediate and long-term care needs. We also bring in financial analysts who help us quantify your losses, from lost wages to future care costs. These professionals provide essential insights into how your injury may affect your ability to work or enjoy life moving forward.
Tailored Advice and No Rushed Settlements
At KMSC Law, we believe in giving you clear, honest advice—without rushing to a settlement. In fact, we often advise clients to be wary of online settlement calculators or quick offers from insurance companies, which often undervalue the true worth of a case. Settling too early can mean leaving significant compensation on the table. Once you settle, you waive your right to reopen the case for additional compensation. That’s why it’s crucial to fully understand the extent of your injuries and the future implications before making any decisions.
Ask the Right Questions
One of the most important things you can do is ask questions—particularly about how an injury lawyer assesses the value of your case. A great injury lawyer should be able to explain how they factor in medical opinions, accident reports, and economic forecasts when determining the potential compensation you may be entitled to. Don’t be afraid to ask for clarity on these points. Asking questions is an important part in understanding which injury lawyer to work with, and how the injury law will unfold.
Get the Compassionate, Expert Help You Deserve
At KMSC Law, we understand the challenges you’re facing after an injury, and we’re committed to helping you navigate this difficult time. Our Injury Law Team offers a free, no-obligation consultation to help you understand your options. Let us help you get the fair and just compensation you deserve. Contact us today to start your journey toward recovery with a team you can trust.
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