One of the questions we are often asked by our clients is how much their car, truck or pedestrian cases are worth. Unfortunately, there is no definitive answer and no magic formula that we, as car accident injury lawyers in Kingston, Ottawa and Whitby, can use to calculate the value of our clients’ cases. However, several factors can affect the value of the cases, and these factors give us a better idea of how much our clients should be compensated for their injuries. These are:
- type of injury,
- medical prognosis,
- lost earnings (past and future),
- medical expenses (past and future), and
- pain and suffering.
Type of Injury and Recovery
The types of injuries motor vehicle accident victims sustain will affect the value of their lawsuits. If Driver A suffers multiple rib fractures and a broken wrist after a car accident in Kingston, the value of his case will depend on the treatments and length of treatments.
If we compare Driver A’s injuries to Driver B, who suffers catastrophic orthopedic injuries and a traumatic brain injury, Driver B’s case will likely be valued higher than Driver A because Driver B’s injuries are more serious.
Another related issue that affects the value of a car accident case is the time of recovery. For example, an injured driver in his early 20s may recover faster and need less physical therapy for a fractured ankle than an injured driver in his 60s. The older driver may not bounce back as quickly as the younger driver and may develop complications. Therefore, the older driver’s case will likely have a higher financial value than the younger driver’s case due to the difference in recovery time.
Past and Future Loss of Income
Another factor that affects the value of injured drivers’ motor vehicle lawsuits in Ontario is how much time the drivers lose from work. Obviously, the longer a driver is out of work, the greater the value of the damages for lost wages.
However, injured drivers do not have to be completely out of work in order to recover lost wage damages. Seriously injured drivers may not be able to resume their usual work duties and instead, can only work part time or can only find work that pays less. Consider, for example, a high level financial analyst who is injured in a car accident and suffers a traumatic brain injury. He now has memory problems and other cognitive impairments. His job requires him to analyze the financial markets, and he no longer can perform his job duties. He tries to find another job, and the only job he can get is a front desk job at the lobby of an office building. Though he is working, his salary as a front desk clerk is much lower than his salary as a financial analyst. Therefore, he has lost a significant amount of his future income because he has to take a low paying job.
Click here to read part 2 of this article that discusses other factors which may affect the value of car accident injury lawsuits in Kingston, Ottawa or Whitby.
If you were injured in an auto accident in Ontario, call the lawyers at Bergeron Clifford to schedule a FREE initial consultation. 1-866-384-5886
