If you are injured in an accident in Ontario, Canada, you are entitled to general damages for your pain, suffering, and loss of enjoyment of life.
This post covers how these damages are awarded and what you can expect to receive.
The Legal Framework
In the 1970s, the Supreme Court of Canada capped the damages for pain and suffering at $100,000. In today’s dollars, the maximum awards for pain and suffering are approximately $400,000. The highest awards are reserved for catastrophic cases where a plaintiff’s life is permanently impaired, such as in cases of quadriplegia or traumatic brain injuries.
Factors that Influence Compensation
The court will consider the following factors when determining an award for pain and suffering:
Severity of Your Injury: The more severe and life-altering your injury is, the higher the court is likely to award.
Impact on Your Life: The court will assess how the injury has affected your daily life, such as your ability to return to work, maintain relationships, and engage in activities and hobbies you enjoyed before the accident.
Duration of Suffering: The court will take into account whether you’ve suffered a permanent injury that is likely to cause lifelong chronic pain.
Conclusion
Each case is unique, and compensation for pain and suffering will vary based on your specific circumstances. Having a personal injury lawyer can help ensure you receive the maximum damages for your claim.
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