Personal Injury- Damages

Personal injury in a legal sense means an injury to the body, mind or emotions, other than an injury to property. Damages in personal injury means to compensate the victim for the harm done. The main purpose of the damages is put the victim in the same situation, if harm would not have been not been done. The majority of the cases of personal injury claims come from road accidental claims. Different types of damages

  1. Medical bills – Defendant is required to pay for all the medical bills which the plaintiff had paid because of injury caused by defendant. It includes –Hospital expense, Medicine bills, doctor fee and future medical expenses too.
  2. Lost Income – Lost Income here means lost of wages because of injury. Plaintiff is entitled to get paid for all the wages he/she lost because of being sick, which also includes any harm to his/her future ability to earn. In nutshell, it means any loss suffered by the injured in regard of job because of accident.
  3. Pain and Suffering – This is an another type of damages, where court grant damages for emotional distress, mental pain and suffering, such as shock or any inconvenience caused to plaintiff.
  4. Wrongful death – Claim in wrongful death is put forward by the family members of the deceased. The purpose behind this to provide relief to the dependents of deceased.
  5. Punitive Damages – Punitive damages are rarely granted by court, the underlying principle behind these damages is to act as deterrent for wrongful behaviour.

Damages are further categorised, namely- Economic and Non-Economic Damages. Economic Damages can be calculated, such as financial loss and medical bills are called. Therefore, no trouble occurred in calculating these types of damages. However, Non- Economic damages are not pin point, it is not easy to calculate them, for example: Pain and Suffering.

Deepika Choudhary is a Paralegal student at Centennial College in Toronto studying professional communications with Omar Ha-Redeye.

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