A Word on Pain and Suffering

October 21, 2016 Published by
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You may hear a personal injury or medical malpractice lawyer at Pollock & Company talk to you about receiving money for “pain and suffering”. What does this phrase really mean, and how does the personal injury lawyer know how much money should be awarded to you in your lawsuit for pain and suffering?

There are essentially two types of pain and suffering: physical, for bodily injuries, suffered as a result of negligence or injury, and mental, for the emotional trauma you may have to address as a result. In most cases, plaintiffs suffer both types.

So how does the Court quantify awards of pain and suffering? Pain and suffering fall under the category of general damages. General damages are assessed by the Court based upon previous court decisions and a review of the specific circumstances of the plaintiff.

There is no chart to which one may look to determine appropriate compensation for general damages. However, we do know that there is a limit: in 1978, the Supreme Court of Canada in the case of Andrews v Grand & Toy Alberta Ltd. set an upper limit of $100,000.00 for general damages (approximately $350,000.00 in today’s dollars). This cap applies to all personal injury cases across Canada; unless a statute such as The Manitoba Public Insurance Corporation Act governs.

Is your personal injury general damages claim close to the cap? Contact Pollock & Company today to discuss your case with a personal injury lawyer and find out.

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