Personal Injury claims can arise from road accidents, industrial accidents, and injuries arising from medical negligence or other types of accidents which will result in injury caused by another’s negligence.
Injuries that result from the fault of another party would normally be covered by insurance companies. Damages are awarded as compensation to the injured party for the losses incurred as a result of an accident but not as a means for punishment. In assessing the amount of damages, general & special damages will be determined by the court and the court will as far as possible, try to put the injured party in the position that he/she would have been if the accident had not occurred.
General damages are damages which cannot be calculated exactly and includes items such as pain and suffering, future medical expenses, as well as loss of future earnings, etc. On the other hand, special damages refers to monetary losses that have already been incurred due to the accident.
In assessing damages, contributory negligence on the part of the injured party will also be taken into account. This means to what extent the victim contributed to the accident. This in turn, would affect the percentage of liability on the part of the other party. For example, if the court determines liability at 50:50, the injured party would only attain a compensation of 50% of the full sum of the damages. For example, if the damages is at $10,000.00 and the parties agree to settle at 70% in favor of the injured party, then the injured party will be awarded $7,000.00 as damages.
At Cosmas LLC, we will ensure that you are adequately compensated. We will, if necessary, arrange for you to consult a specialist to determine the full extent and seriousness of your injury.
After the damages are settled and if the damages are above $5,000.00, amount of damages and costs will have to be approved by the Public Trustee. The Public Trustee will be involved only if the matter pertains to a road accident. Once the Public Trustee approves the damages and costs, the insurance company will send separate cheques to the victim and to the law firm.