|
In some cases, depending on the nature of the injury, we can form a preliminary opinion on the amount of damages that may be awarded if the plaintiff obtains judgment (an opinion on damages). In those cases, a preliminary opinion on damages can be formed on the basis of:
- information provided by the plaintiff (orally or in writing) about the consequences of the injury to the patient
- records of doctors and other medical practitioners who have diagnosed and treated that injury
We can form more definitive opinions on damages resulting from the injury to the plaintiff, on the basis of:
- evidence of the plaintiff at examinations for discovery about the consequences of the injury
- reports of doctors and other practitioners who have diagnosed and treated the injury
- reports of doctors who have examined the patient to assess the nature and extent of the injury for the purpose of the action (at the request of counsel for the plaintiff or counsel for the defendant)
- reports of occupational therapists who have conducted interviews and tests of the patient (at the request of counsel for the plaintiff or counsel for the defendant) to assess the effect of the injury on the patient’s capacity to work and perform household services and the patient’s need for treatment and care
- reports of vocational experts who have conducted interviews and tests of the patient (at the request of counsel for the plaintiff or counsel for the defendant) to assess the effect of the injury on the patient’s vocational abilities (without and with retraining)
- reports of economists (retained by counsel for the plaintiff or counsel for the defendant) to assess the patient’s loss of income and household services in the past and loss of capacity to earn income and perform household services in the future
- reports of economists (retained by counsel for the plaintiff or counsel for the defendant) to assess claims for loss of financial support and household services to the patient's dependants or loss of income to the patient's estate (in cases where the patient has suffered a fatal injury)
|