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Classification of Damages in Personal Injury

03rd October 2011
By Mike Clark in Personal Injury
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In laws governing personal injury, damages are basically classified into two: pecuniary and non-pecuniary damages. Pecuniary damages are damages that can be settled through financial compensation. Here, the plaintiff can demand payment for damages in properties and assets if the accused is proven guilty. On the other hand, non-pecuniary damages are difficult to be gauged in monetary terms.

Among personal injury cases that involve pecuniary damages, vehicular accidents are the most common. If the court proves that the accused is responsible for the accident, the accused must pay the necessary expenses for the victimís medications and vehicular repairs or replacement. In many cases, the car insurance covers the medical expenses and vehicular renovations.

Slip and fall cases are common in personal injury lawsuits. As property owners, they should be responsible for the safety of people who enter a propertyís premises. Owners can be sued if it is proven in court that the property did not meet structural standards imposed by the law.

Neighbor disputes can also result to personal injury and property damages. To compute the amount of the total property damage that the offender should pay, the plaintiff should consult a lawyer. Being the ones doing real estate transactions in behalf of the client, real estate lawyers know what and how much property damage should be paid in case of damage to property. If the damaged property is in Manitoba, the plaintiff might as well consult its Manitoba real estate lawyer. If the property is in Ottawa, the clientís Ottawa real estate lawyer should be consulted. It depends on where the property is situated.

There are instances wherein the personal injury case does not directly include property damage. There are cases where the plaintiff suffered severe damages that would require him to change his lifestyle. In such cases, the other party is obliged to pay for procedures necessary to restore the victimís physical condition or whatever was lost. A personal injury lawyer Ottawa is the expert when it comes to cases like this.

Non-pecuniary damages, as mentioned earlier, are damages that cannot be easily paid through financial compensation. Non-pecuniary damages include physical, psychological, or emotional injuries. Personal injuries always entail psychological trauma to the victim. The dreadful experience might stay in the victimís memory for a long time. Such damages cannot be easily settled through monetary terms. In cases such as these, a personal injury lawyer Ottawa is the best one to defend the rights of the victims.
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