An accident is never an expected event for anybody. No matter what kind of accident you have, it will surely put you in a stressful situation. Stress like, physical or mental, sometimes even financial too, is enough to make anyone weak and heal slower.
So, do you have to endure all of these alone?
Isn’t there any kind of compensation to support your state?
Well, surely there is, especially when you are physically injured. But physical injury isn’t the only thing to consider; your emotional, mental, or even financial loss will be considered.
Here in the following discussion, you’ll learn about the compensations for pain and suffering in Canada.
What is Pain and Suffering Compensation?
Injury law defines your physical and mental suffering from an accident or experience from an accident. Due to flashbacks or serious damage, your mental stress will slow down your healing process. As a result, it badly affects your daily activities, social connection, and ability to work again.
Besides, you will be dealing with pain, sadness, anxiety, and many financial issues, ultimately increasing your stress. In this case, a little financial help will surely get you over the uncomfortable circumstance, which the opposite party will pay. The compensation includes your most comfort and peace during your recovery days as well.
How is Pain and Suffering Compensation Calculated in Canada?
If you break a hand and someone else breaks a bone won’t experience the same pain. The treatment will also be different so, as the expenses.
When the injury is bigger, it causes more pain. It ultimately takes a longer time to heal and has higher costs for treatment. By 2021, you may receive up to $5,365 for soft tissue injuries.
The common soft tissue injuries you may have are:
- Sprains
- Strains
- Stress injuries
- Bursitis
- Tendonitis
- Contusions
However, if you are a victim of serious injury, you may receive compensation of up to $370,000. This is only in case of very severe injury. For example:
- Partial or total paralysis
- Traumatic brain injuries
- Spinal cord injuries
- Loss of any organ
In this case, the amount of money you may receive won’t be the total amount. It only applies to situations involving pain and suffering.
Learn: Average Settlement for Traumatic Brain Injury in Canada
What are the Challenges of Calculating Pain and Suffering Damages?
The court can easily decide the amount of your pain and suffering. The compensation includes your medical expenses, lost wages, equipment, etc. However, pain and suffering damages are more difficult to calculate than economic losses.
As pain and suffering are subjective and differ from person to person, it is your and your lawyer’s responsibility to provide a lot of convincing proof and documents so that you can easily understand the severity of your physical and mental distress.
This means only a few pictures won’t work. Instead, you need to show some more negative effects it had on your lifestyle and socialization.
Some of the strong reasons to get compensated are:
- Less physical capacity
- Unable to engage in or enjoy daily activities or hobbies
- Unable to finish duties and tasks on time
- Anxiety and depression
- Less socialization
- Negative mental effects
- Stressful mind
- Weakness and weariness
- Less sexual performance
You will need evidence to prove pain and suffering, including reports from medical and mental health experts, testimony from close friends, family members, and coworkers, your own testimony, and any papers or other proof that can show any of your past or present suffering.
Apart from that, below are some other factors that can affect your compensation.
- Any evidence of the defendant’s negligence
- The accident’s long-term effects on the victim’s life
- Medical care is needed or has already been taken for the injured person.
- Future damages of the injury.
Why do I Consult a Lawyer for a Pain and Suffering Claim?
Whether enough or not sufficient, the amount of money isn’t actually considered as the scale for it. The main target is for you to get back to your normal life with a stable financial situation.
Keep in mind that insurance providers usually offer financial compensation. However, it won’t be wise to decide without careful consideration.
It is evident that the entire cost would be higher than the amount offered, whether it comes from the defendant or the insurance provider. Also, the medical issues later could increase later.
Therefore, always ask for their advice. A lawyer will work to secure the maximum amount of cash compensation whenever possible.
Learn More: How Much Can I Sue for Emotional Distress in Canada?
To Wrap Up
Don’t wrap yourself up in the corner of the room because only you know what you are going through. So, here you need to help yourself. Collect all the necessary documents and data as compensation for your pain and suffering, and spend the upcoming days healing yourself properly.
However, if you find it hard, you can consult a lawyer to fight your case.
FAQ
How Much Can You Get Out of Pain and Suffering?
You can receive around three times as much as the amount you received for economic losses for pain and suffering. You can expect to receive around $600,000 in pain and suffering if your property damages, medical costs, and missed wages equalled $200,000 in total.
What is the Average Payout for Soft Tissue Injury in Alberta?
According to the law, the assigned amount of pain and suffering compensation for small injuries is $5365 as of October 2021. However, this amount might change over time to reflect inflation.
How Much Can I Sue for Pain and Suffering in Canada?
When the amount was first fixed in 1978, the sufferers could ask for up to $100,000 as compensation. But due to inflation, the amount became around $418,000 in 2022.
What Evidence Do I Need to Show to Ask for Pain and Suffering?
You may need the following evidence to ask for pain and suffering compensation:
- Data on your treatment
- Evidence from specialists
- Prognosis as well as diagnosis reports
- Testimony from family members.
- Your account and experience.
- Information on mental health.
Can I Claim for My Emotional Injury?
Yes, you can. According to the law, emotional distress qualifies as a loss that can be compensated through a civil action. It shows that if you have proof to back up your claims, you can claim against someone for mental distress or trauma.