A personal injury claim is a claim brought by an injured person against the parties who are responsible for the accident that caused the injury. The law requires the negligent parties whose actions or omissions caused the accident to compensate the injured person. The amount of compensation is calculated based on different factors. However, just because you were injured, it does not mean that you will be properly compensated. More often than not, you may end up being under compensated for your injuries. The responsible parties will fight your claim and will use the complex maze of personal injury laws to fight against your claim. You should have an experienced personal injury lawyer fight your claim.
Type of Injury
The amount of compensation will depend on the type of injury. For personal injury purposes, injuries are classified as soft tissue injuries and more serious objective injuries. Soft tissue injuries are generally less serious injuries such as a strained or sprained neck, back or knee. They are generally not dangerous or permanent regardless of the pain. Fractures, nerve damage, brain and spinal cord injuries on the other hard are the more serious injuries and are awarded higher compensation. But higher compensation does not necessarily mean proper compensation.
Many brain injury victims often get under compensated. A brain injury can result from several types of accidents - work related, car accidents, sports accidents. Brain injuries take a long time to heal. Often the victim does not recover completely and has to suffer throughout his or her life.
Burn injury victims too get under compensated. This is because in most cases, the victim does not have the knowledge and expertise required to determine the at fault parties. For example, if the victim suffered injuries as a result of a car accident or explosion, the victim may not sue all the proper parties who are responsible for their injury. As a result, the amount of compensation available is often limited.
Other catastrophic injuries
Besides burns and brain injuries, other catastrophic injuries also get under compensated. Catastrophic injuries can be devastating and are often permanent in nature and life changing. You may face a life with injuries that cannot be treated by even the most advanced medical treatments. Many victims do not adequately recover from their injuries.
Childhood injuries can sometimes have long lasting and permanent consequences. Often the injury may not become evident until later. Merely by looking at the injury it may not be possible to determine how the injury may impact the victim's life in the future.
Drunk Driving Accidents
Drunk driving is a serious crime. The police will prosecute the drunk driver for the crime, but if you want compensation for your injuries, you must file a personal injury claim against the drunk driver. It's not just the drunk driver who can be held responsible for your injuries. If the drunk driver was at a party and if the host provided alcohol to the driver despite knowing that the driver was drunk, the host can also be held liable for your injuries. The same applies to a commercial host who served the drunk driver alcohol and permitted the individual to operate a car.
How a Personal Injury Lawyer can help
You can avoid being under compensated for your injuries by hiring an experienced personal injury lawyer Toronto
. Your lawyer can collect the required evidence and present your case to the court. There can be more than one party (including those not present at the scene of the accident) responsible for the accident. Through proper investigation your lawyer can determine the at fault parties and their liability for your injuries thus ensuring that you don't get under compensated for those permanent and life altering injuries.
Brian A. Horowitz is a Toronto personal injury lawyer at Futerman Partners LLP specializing in serious personal injury claims including catastrophic brain and spinal cord injuries; serious orthopaedic and neurological injuries; wrongful death claims; medical and dental malpractice claims; long term disability claims; statutory accident benefit claims and professional negligence.