Compensation, (also known as damages) is payable for both physical and psychological injuries caused by the accident. The idea of compensation is to compensate you for the losses you have suffered as a result of the accident. It is to put you in the position you would have been but for the accident having not occurred. If the accident involved a fatality then you may be entitled to compensation for any psychological injury you have suffered as a result of your loss. You may also be entitled to damages for loss of financial support if you were financially dependent on the deceased. Damages for loss of household services and assistance may also be payable.
Pain and Suffering
This legal terminology describes compensation for the non financial consequences of your injury or illness. Examples are pain, discomfort, anxiety, impairment of your enjoyment and quality of life, loss of or reduced enjoyment of social and recreational activities and, in more serious cases, loss of career.
When your earning capacity is affected by your injury or illness you may be entitled to damages to compensate you for your loss of earnings. If you can no longer perform all of the duties required for your occupation or you have had to change jobs or cannot work at all then compensation may be available for loss of earning capacity. When it comes to assess this compensation it will be necessary to investigate the extent which your injuries will affect your capacity for work over the rest of your working life. These are complex and sometimes difficult calculations. Lindbloms has extensive experience in the field of claims for economic loss and you will benefit from our expertise and desire to fight for your proper compensation.
Where an entitlement for economic loss can be established, damages for loss of superannuation payments over the anticipated pre-injury life of your employment is also available.
As a result of your condition you will require further medical treatment and therapy. There will also be the costs of medicines, equipment and aids, home modification and vehicle modifications.
When there are injuries people often need assistance from family to perform household and domestic tasks such as household cleaning, grocery shopping, household maintenance and gardening. Where there are serious injuries, assistance with dressing and undressing, showering, toileting and mobility may be necessary. Compensation may be sought to cover these needs. The compensation is calculated by reference to the cost that would be incurred if someone were paid to give those personal services.
Family and friends may not be able to provide the personal services required as a result of the injury. It will then be necessary to pay for the services. The cost of such services is often recoverable as part of your compensation claim. An insurer may agree to pay for someone to provide such assistance while your claim is being processed. We will fight for such payments on your behalf so that you will be able to have the necessary personal assistance before the final compensation is paid. You may be able to be compensated for future paid services that you will require.
Compensation in case of death / Loss of Financial Support
Where the negligence results in death dependents may be entitled to compensation for psychological injury suffered resulting from the death. When a person was financially dependent on the deceased he or she may be entitled to damages for loss of financial support. Damages for loss of household assistance and other services may also be payable.