Accident Rights – S1 E09

Episode Summary

How are damages and losses calculated after an accident? Disability lawyer and national co-managing Partner Sivan Tumarkin at Samfiru Tumarkin LLP answer this question and more on Accident Rights on CHQR Calgary.

Listen below to find out your next best steps and how to get proper compensation on Accident Rights, the province’s only show dedicated to rights for individuals seriously injured in a motor vehicle accident in Alberta.

When you need a disability lawyer in Alberta,  or a personal injury lawyer, Sivan and the team can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Likelihood of cases going to court: Insurance companies often do not like going to court as the outcomes are rarely favourable. A recent case, Jackson vs. Cooper, awarded an individual who was injured in a car accident substantial pain and suffering damages, out-of-pocket expenses, past loss of income, etc. The entire award for the defendant was over $100,00 in damages. This is a typical range of awards if an individual is injured and their life has been significantly impacted.
• Pain and suffering damages: Pain and suffering damages are defined as any compensation related to the pain and suffering an individual has experienced as a result of an accident. It is difficult to determine the extent of an individual’s pain and suffering; typically there is a range of injuries that determine the category of damages.
• Economic losses after an accident: The most common type of economic loss is income loss. Once retained, a personal injury lawyer will typically hire an expert to determine the full extent of losses as a result of an injury. Certain injuries, ages, job titles, etc., can help to determine the possibility of a return to work. Past income losses are taken into consideration, as well as the potential loss of future income, competitive advantage, etc.
• Serious injuries and cognitive issues: Some car accidents can lead to significant issues, such as traumatic brain and head injuries, physical injuries, and even mental illnesses. Economic losses can be awarded as a result of an injury that leads to delayed entry into the workforce. There can also be considerations regarding a loss of future career possibilities and trajectory.