How Pain and Suffering is Calculated in an Ontario Injury Case

Published on January 14, 2018

How Pain And Suffering Is Calculated in a Personal Injury Case

Pain and suffering is calculated by taking many different factors into consideration. Below, we will outline some of the key factors.

The way in which your injury has impacted your ability to work and your ability to engage in activities associated with daily living (such as chores) as well as the impact the injury has had on your ability to engage in recreational activities will be taken into consideration.  Your health and lifestyle prior to your injury may also be taken into consideration.

Once your health care providers have given this information to your lawyer and provided their opinion regarding your prognosis, your lawyer is then in a better position to assess your claim and provide and estimated range of damages.

Assessing personal damages is also done through precedent case law. In other words, the judge or jury will consider damage ranges provided in previous similar cases; keeping in mind that no two cases are identical.

The compensation you can receive from pain and suffering is significant in the event of serious or catastrophic injuries. However, although the Supreme Court of Canada says that while there is no way to put a price on individual pain and suffering, there is a cap on pain and suffering compensation.  Pain and suffering is capped at roughly $356,000 at the time of this writing.  The reason for this is found in the case Andrews v. Grand & Toy Alberta Ltd., where the Supreme Court held that damages for pain and suffering ought to be capped. In this 1978 case, the cap was set at $100,000.00; but it is adjusted to today’s sum for inflation.

Other Types of Common Damages In Personal Injury Cases

As mentioned above, you may also be entitled to other damages in addition to pain and suffering. These damages include medical treatment, income, housekeeping/home maintenance and expenses needed for personal care, among others.

Our Ottawa personal injury lawyers have over 35 years of experiencing assessing and evaluating personal injury claims. To schedule a free consultation or for more information, please contact us:

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