Ottawa Lawyers: Calculating Your Settlement
When deciding upon a settlement for your personal injury claim, Ottawa lawyers must consider many different factors. It is not a simple process by any means. There is no way for lawyers to know up front how much you will end up with; it depends on the details of your case along with certain formulas. Unfortunately, some Ottawa lawyers will try to woo you by promising you a large settlement amount. This is typically done so that you will hire them without looking at other determining factors such as their track record and experience.
First you must understand what damages you are entitled to. If your accident or injury caused you to miss time and wages from your work, you are entitled to receive those lost wages in your compensation. If your injury requires you to take long term disability, you should be compensated for that as well. Any property damages as a result of your accident, as well as emotional trauma and medical bills from physical trauma, these are all things that you will want to calculate in as damages for your compensation. Experienced Ottawa lawyers can help you figure out what your damages are from your accident and ensure that you are properly compensated.
The reason that most Ottawa lawyers can not immediately assess your probable settlement amount also lies in the fact that some damages are subjective. For example, mental anguish can not be calculated in a dollar amount. It is up to analysts to calculate a reasonable number, typically using a formula, to decide how much is appropriate to attribute to these damages. If your mental damages are debilitating or lifelong, you will be awarded a much higher sum than if your damages are slight.
Who’s More at Fault?
Another factor in determining settlement amounts is the percentage of fault. In order to win a case, Ottawa lawyers must have evidence that the accident or injury was due to the negligence of the other party. However, 100% of the injury need not be their fault. Typically some of the blame may lie on the side of the injured party, and in that case the insurance company and the victim can come to a conclusion as to what percent of the accident was the fault of the injured party and what percent was the fault of the other party.
Once a conclusion has been reached, there is a new calculation of the possible settlement amount. After adding up all of the damage amounts, including lost wages, disability, mental anguish, and anything else you may feel entitled to, the percentage that is attributed to your fault is then taken out of the equation. For example, if your damages total $1,000, and it is decided that you are 30% to blame for the accident, you would be seeking out $700 in compensation for your losses. Experienced Ottawa lawyers may try to argue for more on your behalf, but this is the number that will typically begin the negotiations.
If you or a loved one has suffered an injury due to an accident or negligence, feel free to call or email me for a free consultation. I would be happy to discuss with you your options. Do it for yourself and your family. Visit www.ottawainjury.ca