HOW IS PAIN AND SUFFERING MEASURED IN MY PERSONAL INJURY CLAIM
There is no question, that pain and suffering is an important head of damage when it comes to a personal injury claim. With that said, it isn’t the only head of damage for an injury case and in fact, can be one of the more limited categories of compensation in certain situations. For instance, in motor vehicle accidents, there is a deductible applied to this head of damage which will have a significant affect on the amount of money recoverable.
THERE ARE MANY OTHER CATEGORIES OF DAMAGES
Pain and suffering is a very important head of damage but there are other categories such as income replacement benefits and loss of earning capacity which can be very lucrative if you have lost out on earnings and that trend will continue in the future.
HOW MUCH IS MY PAIN AND SUFFERING WORTH?
You probably feel like no sum of many can make up for the pain and suffering you have experienced—and rightfully so. Unfortunately, compared to the United State, awards in Canada for pain and suffering are not as generous. In fact, for the most significant injury such as a brain injury and quadriplegia, the maximum pain and suffering recoverable is under $400,000 according to the jurisprudence from the Supreme Court of Canada. A maximum award of damages is very rare and therefore this has created a ceiling and scale for damages to be awarded against.
IT’S IMPOSSIBLE TO MEASURE PAIN AND SUFFERING
We understand that it is impossible to measure someone’s pain and suffering and put a dollar amount on it. Pain and suffering is a very difficult head of damage to quantify and at our office we do whatever we can to paint the right picture of how these injuries have affected your life.
HAVE A SKILLED LAWYER EVALUATE YOUR DAMAGES
All of the damages combined in a personal injury claim can, in the right circumstances and provided a high level of representation, make for a generous settlement. Settlements are always contingent on the individual and take into consideration such things as age, employment, daily activities, opportunities in the future lost and so forth. Unlike other areas of law, personal injury claims are very subjective and depend on the background of the individual. For instance, if two individuals sustain the same injuries, but one was finishing their last year to be a surgeon but can no longer work, and the other on social assistance at the time, the discrepancy in settlement monies may be millions of dollars.
If you or a loved one has been faced with an unfortunate accident, contact our law office for an assessment of your claim.
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