Every single day, thousands of people are killed and injured in motor vehicle accidents. Worldwide, the number of annual injuries is estimated to be as high as 50 million. So there are many people who may require medical treatment because of an accident.
In some cases, victims may wish to seek monetary compensation for pain and suffering, particularly if they’ve been traumatized by the accident, missed time off work, or had to seek medical care following their accident. To do that, you should understand some basics about personal injury law.
Insurance for pain and suffering
Motor vehicle insurance in North America typically covers pain and suffering. Part of the reason why a person has automobile insurance is to protect themselves from a personal lawsuit in the event of an accident.
Car insurance also ensures that vehicles can be repaired or replaced following an accident and, if necessary, anyone injured in an accident can be financially compensated. The laws vary from province to province and country to country. Not all accident victims may be eligible for compensation, or they may face limits to their claim amounts.
It is important to know what type of compensation your car accident insurance covers to determine if you can pursue a claim.
Personal injury lawyers
Remember to look for attorneys who understand local laws; a Halifax lawyer specializing in personal injury law can help victims of a motor vehicle accident in Nova Scotia. Personal injury lawyers specialize in pursuing compensation for people who were injured due to the negligence or recklessness of another party.
It is important to seek the counsel of lawyers who specialize in personal injury when you consider pursuing a claim due to injuries from an accident. These attorneys are aware of the different types of damages that you can seek, and can advise you so that you’re aware of all of your claim options.
Limits of coverage
The amount that individuals can seek for pain and suffering may be determined by the nature of their injuries. Injuries that are considered minor may be subject to a claim cap.
In Nova Scotia, for example, a person suffering minor injuries has limited options. As of 2010, the cap was $7,500; this amount increases annually to account for inflation. This cap applies to each person with minor injuries from the accident; it is not a sum total that must be divided by all injured parties.
In court proceedings, the injured parties must be able to prove that their injuries exceed what the court considers to be minor. For example, a sprain would be deemed minor; a fractured spine would not be, if it’s demonstrated that the impairment the claimant suffered was severe.
Any person injured in an accident would be subject to the coverage limits and conditions that apply in the province, state, or country where their accident occurred.
Other compensation
Whether pain and suffering is awarded or not, you may be eligible for other compensation following injury in an accident.
And whether a person has injuries that are deemed minor or serious, they could also sue for damages. Damages are not subjected to the same cap as pain and suffering for minor injuries, and can be awarded to compensate for medical expenses, loss of income, and incurred costs following the accident.
For example, an individual with a broken pelvis may not be able to clean their home and may be required to hire a housekeeper until they recover. In this case, the individual would be able to pursue a claim for damages to be compensated for this expense.