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What kind of damages can be recovered?

Generally speaking, we make a distinction between three types of damage as a result of an injury.

  • First, there is direct damage that involves the additional costs incurred as a result of the accident and the extra expenses during the initial period of treatment and recovery. This might include the loss of personal items resulting from the accident such as clothing, jewelry and eyeglasses, but also the costs of medical treatment, transportation to the hospital, a wheelchair or crutches and other aids that are not reimbursed by insurance.
  • The second category is consequential damage, which may persist for longer periods of time and is possibly even permanent. This includes loss of income, or the difference between the salary that was being earned and the WIA benefit (benefit received under the Work and Income [Capacity for Work] Act) awarded as a result of being declared unfit for work. It could also involve the costs of extra help around the house, the costs of medical or other aids that will be needed on a permanent basis, costs of making modifications to a home, car and so on.
  • The last category is compensation for pain and suffering, or compensation for non-economic damage. This is more or less symbolic compensation for the pain, distress, emotions, scars and the like that have resulted from the injuries. It is compensation that is never in realistic proportion to the actual suffering caused, the so-called “Band-aid on a gaping wound” solution. And yet, it is still very important to pay serious attention to this damage component.
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The amount of compensation

It applies to all of these categories that it is not simple to determine the amount of compensation you will ultimately receive for the damage, particularly when it involves damage that will continue on into the future. How do you estimate this, how can you substantiate this and how do you translate this in communications with the insurance company? Experience and expertise play an important role here, and this is the very area in which we can offer considerable value for our clients.

As a rule of thumb, we recommend that personal injury victims essentially never agree to accept any initial settlement offer provided by the insurance company. Be sure to get good advice and ask any questions you have. After all, this is about your injury and the damage that must be compensated. If you have any doubts about the settlement offer you have received, we’re happy to provide you with a second-opinion assessment or advice.