When there is an accident in the workplace, damages are accounted for. In case of personal injury claims, the cost of emergency medical care, any loss of future earnings, and decreased capacity to take part in favourite sport are often taken into account. It also tries to compensate for the physical and emotional trauma and suffering due to the injury.
Generally, if you are injured, the negligent party or their insurance company will make an offer of settlement to you. The amount offered could be tempting at first. But, it is advisable to consult a good lawyer specializing in personal injury to help you out.
These attorneys will assist you in providing correct assessments to your damages. Separovic Injury Lawyers, a leading Perth plaintiff injury law firm, explains how the damages are assessed and categorised:
- The most common types of damages are compensatory and punitive damages. The former is to compensate for injuries caused due to the accident.
- Compensatory damages are also of two types – actual damages and general damages.
- Actual damages are expenses incurred due to the injury, which will include medical bills, loss of pay, damage to property and any other financial loss incurred due to the injury.
- General damages include decreased ability to enjoy favourite activities, emotional and physical distress, loss of future income, and loss of affection from spouse, among others.
- Punitive damages are given to punish the defendant for gross negligence or for intentionally causing the injury.
- Punitive damages are imposed not only to punish the defendant, but also to deter him from indulging in similar irresponsible and destructive behaviour in the future.
Some factors will also affect the outcome of the claim. The extent of the compensation you will be given will depend on different factors. These include the nature and severity of the injury, any negligence on your part that might have resulted in the injury, your age and sobriety, and the credibility of the witnesses, defendant, and plaintiff, among others. Only a lawyer specialising in personal injury can appropriately advise you about the right compensation applicable in your case.