When you’re involved in a car accident, the first thing that may come to mind is the cost of repairs to your vehicle. If you’re hurt in an accident, you may qualify for compensation for pain and suffering, among other losses. The amount you can get for pain and suffering in Ontario varies depending on your case details. This is why it’s important to work with a personal injury attorney in Toronto who can help you understand your rights and determine the amount of compensation you may be eligible to receive.
What Is Pain and Suffering?
Pain and suffering refers to the emotional and physical distress you experience as a result of an injury. Pain and suffering can have a profound impact on an individual’s life, leading to not only physical discomfort but also emotional distress. In some cases, individuals may experience chronic pain, which can severely impact their daily routines and reduce their quality of life. In addition, mental health issues like anxiety, depression, and post-traumatic stress disorder (PTSD) can develop as a result of an injury. This type of suffering is often referred to as non-economic or intangible damages, as it cannot be quantified with a specific dollar amount.
When making a personal injury claim, seeking compensation for pain and suffering is an important aspect of the process. By including these damages in the claim, individuals can receive reimbursement for the impact the injury has had on their emotional and physical well-being. In many cases, a personal injury attorney can assist in determining the appropriate amount of compensation to seek for pain and suffering based on the specific details of the case.
It’s important to note that compensation for pain and suffering is not always awarded in personal injury cases. In some jurisdictions, there may be caps or limitations on the amount that can be received for these damages. However, with the help of a skilled personal injury attorney, individuals can increase their chances of receiving a fair settlement that covers the full extent of their losses, including pain and suffering.
The Damages Trilogy
In 1978, Canada’s Supreme Court established a limit for non-financial losses in the “Damages Trilogy” cases. One of the cases, Andrews v. Grand & Toy Alberta Ltd., involved a young man paralyzed by another’s negligence. The Court ruled that $100,000 should be the maximum award for non-pecuniary losses, including pain, suffering, loss of amenities, and loss of life expectancy unless exceptional circumstances exist.
In 2022, adjusted for inflation, the $100,000 cap for pain and suffering is roughly $380,000 for severe cases. This means the most a person can receive for pain and suffering is $380,000 for the most severe injury.
Non-Pecuniary Damages for MVA Victims
For accident victims injured in a car crash, the process for claiming non-pecuniary damages differs from those who sustained injuries in incidents like slip-and-falls. To recover non-pecuniary damages, MVA victims must meet the threshold in s. 267.5(5) of the Insurance Act, which means they must have suffered permanent serious disfigurement or permanent serious impairment of a major physical, mental, or psychological function. If the non-pecuniary damage claim is under $138,343.86, a deductible of $41,503.50 applies.
For example, if a jury awards $100,000 in a slip-and-fall negligence case, the damage award is $100,000. However, if someone sustains the same injuries in a car crash and their injuries are not permanent and serious, they wouldn’t receive any pain-and-suffering damages. If their injuries are permanent and serious, the damages would be $58,496.50 ($100,000 minus the $41,503.50 deductible).
Why You Need a Personal Injury Attorney in Toronto
Filing a personal injury claim solo is possible, but partnering with a Toronto personal injury lawyer boosts your chances of getting fair compensation. Lawyers have the expertise and know-how to handle the intricacies of personal injury law and guide you through the claims process.
Your lawyer can also assist with collecting evidence, such as medical records and witness statements, to support your claim. They negotiate with the insurance company to secure a fair settlement. If the case goes to court, they represent and defend you to obtain the highest compensation possible.
Compensation for pain and suffering in Ontario varies widely based on your case details. It’s important to work with a personal injury attorney in Toronto like Rotondolaw who can help you understand your rights and determine the amount of compensation you may be eligible to receive.