Personal Injury Damages for Pain and Suffering
Pain and suffering is just one of the categories of compensation that may be available to the victims of negligence, but it is often the first thing that people think about when they consider whether to sue for damages.
In an earlier post, we briefly discussed how a personal injury claim is quantified, and explained the difference between general damages – awarded for pain and suffering – and special damages – awarded to compensate an accident victim for their pecuniary losses.
Personal injury damages for pain and suffering in Canada
In Canada, there is a hard cap on the amount that can be awarded for pain and suffering. Around forty years ago, a trilogy of personal injury cases were heard by the Supreme Court and a limit of $100,000 was placed on the general damages awarded for pain and suffering. These cases involved catastrophic injuries which caused almost complete loss of capacity and enjoyment of life.
This amount is adjusted for inflation, and is now approximately $360,000.00. It is extremely rare for a plaintiff tor receive the maximum possible amount for pain and suffering.
How do you calculate damages for pain and suffering
Pain and suffering is assessed based on the overall impact of a victim’s personal injury on their everyday life. The court will consider factors such as:
- The type and severity of your injury
- Whether you experience pain in your day-to-day life, and its severity
- Your age, and whether your life expectancy has been diminished by your injuries
- If your employment opportunities have been curtailed or altered
- Whether the injuries impacted your capacity for housekeeping and personal care
- If you are able to maintain your previous levels of physical activity
- If your personal relationships with friends and family are impacted by your injuries
In order to come up with a dollar value for a given injury, the court is guided by the maximum amount available to the most severely injured plaintiffs. They also refer to the damage awards from precedent cases with similar injuries.
A personal injury lawyer can help maximize your potential damages
Making a claim for damages after a personal injury can be stressful and complicated, and an experienced personal injury lawyer can make a big difference in the outcome of your claim. At Derfel Injury Law, we focus on representing the victims of negligence and helping them get the compensation they deserve. Our skilled team understands how to properly assess the potential value of your claim for pain and suffering, and will help you decide how to proceed.
To make an appointment to discuss a potential personal injury claim, contact Derfel Injury Law online or call 416-847-3580.