How to Find Out the Damages You Should Pay In A Civil Lawsuit

In civil law suits, the plaintiffs search for answers and clues regarding the amount they would receive. And most of the time, this becomes the very reason why they contact a personal injury lawyer. Anyhow, the amount is just an approximation and the court will determine the exact amount to be paid to the plaintiff.

Even if you’re the defender of a civil lawsuit, you will be more interested to know how much you will be charged. To bear responsibility for injury to others, your negligent action (or failure to act in certain situations) must be the proximate cause of the injury without any intervening causes interrupting the natural sequence of events.

You can contact Grillo lawyers Toronto for accidents and injuries and get an idea of financial damages you might have to pay to the victim. But before that, your action will be considered as to which category of tort it belongs to.

According to personal injury lawyers Toronto, there are three elements upon which your action will be judged:

  1. Duty: it is your action as a normal person with ordinary prudence. If you acted in any other way than the desired action in a particular situation, your action may be termed as tort.
  2. Breach: Breach of duty amounts to person’s action in a particular situation that was inappropriate. A person with ordinary prudence would have acted in a certain manner, which you didn’t.
  3. Causation: Causation refers to the enquiry as to whether the defendant’s conduct (or omission) caused the harm or damage. Causation must be established in all result crimes. It is important because it can make you a criminal.

 

After Being Identified as a Tortfeasor

Once the first three elements of a tort (duty, breach, and causation) have been established, it is then a matter of determining the amount of damages suffered so that an injured party can be compensated for the damages sustained as a result of the tortfeasor’s act or omission.

Common Damages

With regards to civil law there are some common “damages” that a person may suffer. These include:

  • Medical expenses: such as doctors fees and hospitalization costs
  • Pain and suffering – compensation for the hurt that an injured party is caused to endure as a result of the negligence of the tortfeasor.
  • Rehabilitation therapy – the cost of obtaining services provided by others who assist a person to return to the same or similar physical condition he/she was in prior to the negligent act or omission. This could include training for a new occupation if the injury prevents the injured party from working in his/her normal trade or occupation
  • Punitive damages – assessed against reckless or irresponsible behavior to prevent such behavior from the tortfeasor in the future and to deter others from acting in a similar manner.
  • Lost wages – wages and earnings which would have been earned by the injured party but for the negligence of the tortfeasor

Finally

If you are the plaintiff in a civil lawsuit, you should consult the best injury lawyer Toronto to get all the benefits as well as recover all the damages resulting from a tort.

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