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How Personal Injury Lawyers Evaluate the Value of a Claim

If you’ve been injured due to someone else’s negligence, one of the biggest questions on your mind is likely: How much is my claim worth? The answer is not always straightforward, as it depends on several factors, including the severity of your injury and its impact on your life.

Personal injury lawyers follow a structured approach to evaluating a claim’s value, ensuring clients receive a fair compensation.

Key Factors in Evaluating a Claim

When determining the value of a claim, lawyers consider multiple factors, including:

1. The Severity of the Injury

  • More serious injuries typically lead to higher compensation due to greater medical expenses, longer recovery periods, and more significant life disruptions.
  • Permanent disabilities or life-altering injuries tend to result in higher settlements or court
    awards.

2. Medical Expenses and Future Care Costs

  • This includes hospital stays, surgeries, medications, rehabilitation, and ongoing therapy.
  • Future medical care, such as assistive devices or home modifications, are also factored in.

3. Loss of Income and Earning Capacity

  • If an injury causes you to miss work, you may be entitled to compensation for lost wages.
  • If you are unable to return to the same job or your earning potential is reduced, future loss of
    income is included in the claim.

3. Loss of Housekeeping

  • If an injury prevents you from performing your daily household tasks and activities, you
    may be entitled to compensation for this and replacement assistance.
  • This includes tasks such as cleaning, cooking, laundry, shopping, or other routine
    household activities.

4. Pain and Suffering

  • Non-pecuniary damages compensate for emotional distress, psychological trauma, and the
    loss of enjoyment of life.
  • Canada’s Supreme Court has placed a cap on these damages, which is adjusted for
    inflation (currently around $450,000 for the most severe cases).

5. Impact on Daily Life and Relationships

  • If an injury affects your ability to perform daily activities or care for dependents, this will be
    considered.
  • Some claims include compensation for the loss of companionship or the inability to
    maintain an adult interdependent relationship.

The Role of Case Precedents

Legal professionals look at past court decisions to guide claim evaluations. Precedents help
establish reasonable compensation ranges based on similar injuries and circumstances.

Expert Evaluations and Evidence

  • Medical Experts: Provide opinions on the long-term impact of injuries.
  • Vocational Experts: Assess how an injury affects a person’s ability to work.
  • Financial Experts: Calculate future lost earnings and care costs.

Why a Lawyer’s Evaluation Matters

Sometimes, insurance companies often offer quick settlements that may not fully reflect an injured
person’s losses, or the appropriate damages have not been considered by an injured person making
a claim. Having an experienced lawyer ensures all damages—both immediate and long-term—are
properly assessed.

If you or a loved one has been injured and need help evaluating a claim, reach out to Weir Bowen
LLP for a consultation.

Posted on March 18, 2025

The contents of this post are for general information only, and should not be construed as legal advice.
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The lands on which Edmonton sits and the North Saskatchewan River that runs through it have been the sites of natural abundance, ceremony and culture, travel and rest, relationship building, making, and trading for Indigenous peoples since time immemorial. Edmonton is located within Treaty 6 Territory and within the Metis homelands and Metis Nation of Alberta Region 4. We acknowledge this land as the traditional territories of many First Nations such as the Nehiyaw (Cree), Denesuline (Dene), Nakota Sioux (Stoney), Anishinaabe (Saulteaux) and Niitsitapi (Blackfoot).

Weir Bowen acknowledges the many First Nations, Métis and Inuit who have lived in and cared for these lands for generations. We are grateful for the traditional Knowledge Keepers and Elders who are still with us today and those who have gone before us. We make this acknowledgement as an act of reconciliation and gratitude to those whose territory we reside on or are visiting.