Usually, an accident victim can assign a dollar figure to accident-caused damages, such as medical expenses or the income lost while recovering from an injury. Still, it can prove difficult to place a value on certain compensatory damages, such as pain and suffering.
Compensatory damages
Those linked to an obvious monetary figure:
• Medical expenses
• Income lost
Those that are not linked to a precise monetary figure:
• Pain and suffering
• Emotional distress
• Loss of enjoyment;
• loss of consortium
Conditions that signal the existence of pain and suffering
• Anger
• Loss of appetite
• Diminished sexual functions
• Mood swings
• Loss of energy
• Sleep disturbances
• PTSD (post-traumatic stress disorder)
It is not always easy to spot the development of such conditions. For instance, a young teen that has been in a car accident might demonstrate mood swings. Yet those could be passed-off as the sort of thing seem in other young people, as their hormones kick-in.
How juries react to facts about pain and suffering
A jury tends to put more value on a given damage, if it can gain a good understanding for the factors that caused one or more damages. The members of the jury look at the doctor’s diagnosis and prognosis. In addition, each of those same men and women study the claims made by the injured plaintiff.
Those facts shed some light on the correct approach to selecting an expert witness, if the personal injury case goes to trial. That witness needs to make his or her explanation something that the jurists can understand. The Personal Injury Lawyer in Fredericton knows that the expert’s testimony should match with the plaintiff’s claims.
What facts can show loss of enjoyment?
The court does not expect the plaintiff to be filled with joy during every moment of the day. Even a healthy individual can expect to face times of trials and challenges. The plaintiff’s lawyer needs to call attention to any aspect of the plaintiff’s day that could work to diminish the plaintiff’s enjoyment of life.
Most healthy individuals enjoy sitting down to a meal. They like eating. If a disability makes it hard for an accident victim to eat, then that fact can be used as evidence of a loss of enjoyment of life.
Most healthy individuals like to get a breath of fresh air. If the victim of an accident avoids going outdoors, then that could suggest the existence of a problem. Is that person anemic? Is that person harbor an unrealistic fear about something outside? Those might be other examples of a loss of enjoyment of life. Victims of any age might suffer a decline in the ability to enjoy life. Normally only victims that had a loving partner could suffer the effects associated with a loss of consortium.
To help you or a loved one tide over the consequences of an accident, we would like to help you. To get accident benefits and damages, contact https://barapplawmaritimes.ca today.