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Injured in Alberta: How Will I Be Compensated?
posted in: Personal Injury
Suffering an injury can be a life-altering experience in many ways. However, most accident victims are not familiar with all the types of compensation to which they are entitled. In Alberta, personal injury settlements are designed to address not just the immediate aftermath of an injury, but the ripple effects it has on your future. Personal injury damages consider everything from your ongoing care needs, diminished housekeeping abilities, lost earnings, and beyond. The types of compensation to which you are entitled extends far beyond your immediate pain and suffering.
Consider the case of an individual who suffered a back injury in a motor vehicle accident. This person is not only faced with immediate medical expenses for emergency care and ongoing physiotherapy but also must battle with the lost income, both immediate and from his future unemployability. The victim’s situation is worsened by the need for psychological counselling to deal with the trauma of the accident and the stress of not being able to work. Moreover, the injured party’s home now requires modifications, including the installation of a stairlift, to accommodate reduced mobility, and he will have to hire a housekeeper to clean his home. This example underscores the importance of considering an injured party’s pain and suffering, his immediate needs, future care, and all the types of damage for which he may qualify.
Pecuniary and Non-Pecuniary Damages
Understanding the difference between these types of damages is crucial. Pecuniary damages cover quantifiable financial losses caused by an accident, like lost wages, medical bills, and rehabilitation costs, aiming to reimburse the injured for their direct financial losses. Non-pecuniary damages, however, compensate the injured party for their intangible losses, such as pain, suffering, and loss of enjoyment of life. For more information on the difference between Pecuniary and Non-Pecuniary Damages, visit our blog post.
General Damages for Pain and Suffering
This head of damage is intended to compensate the injured party for the physical pain and emotional suffering experienced because of the accident. Proving general damages may require detailed medical records, physical and psychological independent medical examinations, or testimony from family and friends about the impact of the injury on the quality of life of the victim.
Medical Expenses
This category includes all costs of medical treatment required due to the injuries suffered in the accident, such as hospital bills, medication costs, expenses for medical devices, and fees for any professional services such as physiotherapy or counseling. To assist in proving these expenses, the injured party would do well to keep all receipts and detailed records of their treatments received.
Loss of Past and Future Income
This head of damage compensates for the income the injured party has lost and will lose due to the injury. Such losses may stem from periods of unemployment, general inability to work, or reduced earning capacity. Proof of such losses includes employment records, pay stubs, tax returns, and in some cases, expert testimony regarding the injured party’s likely future income had the accident not occurred.
Loss of Housekeeping Capacity
This head of damages compensates for the injured party’s loss of ability to maintain their home as they did before the injury. These damages may cover the cost of hiring help for domestic tasks the victim is no longer able to perform. Evidence for this type of claim may include testimony on the claimant’s role in housekeeping before the injury, estimates or receipts for hired help, and medical opinions on the claimant’s physical limitations.
Future Care
This head of damage is for the ongoing and future medical care, rehabilitation, or personal support the injured party will require, because of the accident, for the remainder of their life. Such damages are calculated based on current and anticipated future needs. Proving future care expenses involves detailed medical assessments, treatment plans, and expert reports.
Out of Pocket Expenses
This category includes any additional costs incurred as a direct result of the injury that do not fit into the other categories. It can range from travel expenses for medical appointments to modifications made to a home or vehicle to accommodate the injured party. To claim these expenses, the injured party should maintain a comprehensive record of all receipts and invoices related to the injury.
Navigating Your Path to Full Recovery
Understanding and navigating the complexities of personal injury claims requires expertise and foresight. The parties must not only consider immediate costs, but also anticipate future challenges to ensure the compensation covers all aspects of the injured party’s life. Through diligent documentation and a thorough understanding of the law, individuals can secure the compensation they rightfully deserve, providing much-needed support and relief as they navigate their path to recovery.
The Injury Law Team is Here For You
At KMSC Law, our Injury Law Team understands the complexities and challenges that come with navigating a personal injury claim. We’re here to guide you through every step, ensuring that no aspect of your case goes overlooked. Whether you’re facing immediate expenses, future care needs, or other lasting impacts from your injury, our dedicated team is committed to securing the full compensation you deserve. Reach out to us today for a free consultation—let us provide the support and expertise you need on your path to recovery.
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