When you’re injured in an accident, one of the first questions that comes to mind is, “What is my case worth?” It’s a fair question—whether it’s due to mounting medical bills, lost wages, or the overall toll on your quality of life, the value of your personal injury case can be a major concern. In this blog, we’re pulling back the curtain to give you an inside look at how injury lawyers, like those at Watchmaker Injury Law, actually determine what your case may be worth. While it’s true that each case is unique, understanding the process can help you navigate the journey toward compensation with more clarity and confidence.
Understanding the Types of Damages
In Alberta, when you file a personal injury lawsuit, there are several categories, known as “heads of damages,” under which you may claim compensation. These categories offer a framework for calculating the losses you’ve incurred, whether they’re financial, physical, or emotional. Let’s take a closer look at these heads of damages:
General Damages (Non-Pecuniary)
General damages are awarded for non-monetary losses such as pain and suffering, emotional distress, and loss of enjoyment of life. In Canada, the Supreme Court has capped these damages in most personal injury cases, but they can still form a significant part of your claim.
Special Damages (Pecuniary)
Special damages cover out-of-pocket expenses you’ve already incurred because of the accident, like medical bills, vehicle repairs, and other tangible costs.
Loss of Income and Earning Capacity
If your injuries prevent you from working or reduce your ability to earn income in the future, you can claim compensation for both lost wages and any potential future income loss.
Cost of Future Care
For serious injuries that require ongoing medical treatment or therapy, the future costs of your care—whether it’s physiotherapy, home care, or specialized medical equipment—can be included in your claim.
Loss of Consortium
This covers the emotional and physical toll that your injuries take on your loved ones, particularly a spouse or close family member. If the injury affects your ability to provide companionship or care, this can be factored into your case’s value.
In Trust Claims
If your injuries mean that family members or friends are stepping in to help with tasks like childcare or household chores, you can claim compensation for their time and effort.
Punitive Damages
Although rare, punitive damages may be awarded if the defendant’s conduct was particularly reckless or malicious, serving as a deterrent against similar behaviour.
The Process: How Lawyers Calculate Damages
So, how do injury lawyers at Watchmaker Injury Law determine the total value of your case? It’s both an art and a science. Here’s how it works:
Evaluating the Medical Aspect
Your lawyer will consult with a network of medical professionals—from your family doctor to specialists like orthopedic surgeons or physical therapists—to get a clear understanding of your injuries. This doesn’t just involve assessing your current condition; it also includes looking at the long-term effects your injury may have on your ability to live a normal life.
Accident Reconstruction
In some cases, particularly those involving motor vehicle accidents, accident reconstruction experts may be brought in. They help recreate the events of the incident to determine liability, speed, force of impact, and other factors that may play a role in your case.
Expert Financial Analysis
A critical part of determining your case’s worth is the financial side of things. Injury lawyers work with economists and financial analysts to evaluate both your past and future economic losses. This is particularly important if your ability to work has been impacted by the injury. If needed, vocational experts might be consulted to determine if and when you can return to work and in what capacity.
Analyzing Precedent and Case Law
Injury lawyers often look to past cases with similar fact patterns to guide them. While no two cases are identical, previous settlements or court judgments can inform what is a reasonable expectation for your compensation.
Negotiating with Insurance Companies
While some people might be tempted to use online settlement calculators, these tools often oversimplify the process and can undervalue your case. Experienced injury lawyers understand the tactics that insurance companies use and know when to push back against initial offers that don’t reflect the full scope of your damages. Remember, once you settle, you generally can’t reopen your case. That’s why it’s crucial to get it right the first time.
Why You Need an Experienced Personal Injury Lawyer in Edmonton
Determining the value of a personal injury claim is a complex process with many variables. It requires not only legal expertise but also collaboration with medical and financial professionals to ensure that no stone is left unturned. This isn’t just about getting the highest settlement—it’s about making sure that your future needs, both medical and financial, are adequately addressed.
At Watchmaker Injury Law, we take pride in our thorough approach. Our founder, David Sowemimo, brings his experience working against the largest insurance companies in Canada to every case, ensuring that our clients receive the compensation they deserve. From catastrophic injuries to more moderate claims, we treat each case with the attention and care it requires.
Find Out What Your Case is Worth
When it comes to determining what your case is worth, there’s no “one-size-fits-all” answer. The value of your claim will depend on the unique details of your case, including the nature of your injuries, the financial impact on your life, and the long-term effects on your ability to work and live fully. At Watchmaker Injury Law, we understand that this is about more than just numbers—it’s about your future.
If you’ve been injured and want to understand what your case might be worth, contact us today for a free consultation. We’ll walk you through the process, help you understand your rights, and ensure that your case is valued fairly from start to finish.
This approach maintains an insider tone while covering all aspects of how an injury lawyer calculates a case’s worth. It provides a balance of legal detail and approachable language, engaging potential clients while building trust in the process.
