Pain and suffering, also referred to as “non-pecuniary” or general damages, of an injured person should be compensated for by the negligent party or its insurer in a tort claim. Such general damages are differentiated from economic, or specific, damages, such as loss of income or housekeeping expenses.
The compensation for the PAIN should include future pain not yet experienced. The compensation should also include the potential that the pain may get worse. The SUFFERING should include the inability to participate in sports or social activities, not just the suffering that comes directly from being in pain. For example, not being able to play with your small children as you used to because of the injury should form part of the compensation from the tortfeasor (negligent party)
In Ontario, there are restrictions on the payment of Pain and Suffering compensation as a result of a motor vehicle accident.
In order to qualify for “pain and suffering” damages in a claim, you must meet a certain threshold according to Ontario law. Your injury must involve one or both of the following:
Meeting the “Permanent”, “important” and “serious” requirements of the Ontatio law is the source for much disagreement between injured persons and tort insurers. At Rooz Law, our lawyers for pain and suffering can help prove your injuries meet the requirements of the law and qualify you for the maximum compensation for your pain and suffering.
In the event of a motor vehicle accident, a deductible of $36,905.40 is applicable to pain and suffering awards of less than $123,016.99. These amounts were set in 2016 and will fluctuate yearly in accordance with the fluctuations in the Consumer Price Index for Canada, as published by Statistics Canada. There is no deductible applicable to economic losses. In the event of minor injuries, our team of pain and suffering lawyers can pursue compensation for economic losses for you even if your injuries do not meet the threshold required for pain and suffering compensation.
If the injury is caused by a slip and fall incident, there is no threshold, nor deductible, applicable to the amount of compensation you are entitled to.
If relevant to your claim, our Ontario pain and suffering lawyers may establish your injury meets the threshold and is eligible for damages for pain and suffering compensation. We can then advise you whether or not to accept the offer of settlement from the insurance company or proceed to trial.
It is difficult to predict exactly how much compensation for pain and suffering will be awarded by a court or jury. Some of the factors taken into account are:
Unfortunately, there was a cap set by the Supreme Court of Canada with respect to the awards of damages for pain and suffering and determinations are made subject to that cap. Fortunately, there is no cap on specific damages or economic losses.
If you have been injured in the Greater Toronto Area, contact Rooz Law at 416-229-6000. The sooner you call, the faster we can get you the compensation you deserve
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