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  • Is It Possible To Quantify “Pain and Suffering” In Monetary Terms?

    September 15, 2017

    Brampton personal injury lawyers understand the far-reaching impact that accidents can have. Whether it’s a car accident or a slip and fall accident, the injuries suffered can cause huge consequences.

    In case there are serious injuries, medical and rehabilitation expenses spiral out of control and recovery may take a very long time, during which the victim is unable to work or earn any income. Family and household expenses also mount, leading to financial instability and crisis. The injured person may require additional care, continuous visits to doctors and hospitals and may also need special assistive devices, prosthetics, mobility devices etc.

    Physical and Emotional Pain

    In addition to these, the pain and suffering undergone by victims is enormous. Serious injuries require extensive medical and surgical intervention and therapies. The victim has to endure intense physical pain as a result of the injuries and the treatments.

    Victims also suffer huge emotional damage, experience a host of negative emotions like fear and anxiety, and/or they may suffer from panic attacks and experience phobias and post-traumatic stress. Sleep disturbances and depression are common. Survivor guilt and self-blame are common in instances where others have been killed or left disabled after the accident.

    Relationships can suffer a breakdown, behavioral and cognitive problems may occur. The victim may develop addictions to alcohol or drugs, experience emotional outbursts of rage and grief. They may become socially and emotionally withdrawn.

    How Pain And Suffering Are Calculated Under Law

    Termed non-pecuniary damages, these injuries are not easy to quantify in dollar terms. However, the courts have interpreted them in three important Supreme Court of Canada rulings (known as The Trilogy) and have established a cap for awards in such claims.

    The factors that determine such damages include:

    • Age of victim
    • Number of years of working life that were lost due to injuries
    • Potential for recovery based on age and health status
    • Nature and severity of injury
    • Occurrence of disability due to injuries
    • Loss or impairment of life
    • Impact on lifestyle

    Besides pain and suffering damages, there may be other categories of non-pecuniary damages that you may be eligible for. An experienced and knowledgeable Brampton car accident lawyer or Brampton slip and fall injury lawyer can provide more information on this. These damages, based on the circumstances of your case, could be:

    • Loss of enjoyment of life due to disability, injuries or psychological conditions following the accident
    • Wrongful death claim for loss of companionship of a loved one. This claim can be made by the survivors of a person killed in the accident
    • Emotional impact and mental anguish
    • Lowered quality of life as a result of injuries sustained in the accident

    Several studies have indicated judicial trends and thinking in landmark cases in Ontario. Claims for damages for pain and suffering are assessed on subjective criteria regarding how much of an impact the injuries have on the person’s life. Awards are also based on credibility of the plaintiff and on the strength of the evidence provided.

    Contact the nearest personal injury lawyer in Brampton without delay for more information and assistance.

  • Is It Possible To Quantify “Pain and Suffering” In Monetary Terms?

    September 15, 2017

    Brampton personal injury lawyers understand the far-reaching impact that accidents can have. Whether it’s a car accident or a slip and fall accident, the injuries suffered can cause huge consequences.

    In case there are serious injuries, medical and rehabilitation expenses spiral out of control and recovery may take a very long time, during which the victim is unable to work or earn any income. Family and household expenses also mount, leading to financial instability and crisis. The injured person may require additional care, continuous visits to doctors and hospitals and may also need special assistive devices, prosthetics, mobility devices etc.

    Physical and Emotional Pain

    In addition to these, the pain and suffering undergone by victims is enormous. Serious injuries require extensive medical and surgical intervention and therapies. The victim has to endure intense physical pain as a result of the injuries and the treatments.

    Victims also suffer huge emotional damage, experience a host of negative emotions like fear and anxiety, and/or they may suffer from panic attacks and experience phobias and post-traumatic stress. Sleep disturbances and depression are common. Survivor guilt and self-blame are common in instances where others have been killed or left disabled after the accident.

    Relationships can suffer a breakdown, behavioral and cognitive problems may occur. The victim may develop addictions to alcohol or drugs, experience emotional outbursts of rage and grief. They may become socially and emotionally withdrawn.

    How Pain And Suffering Are Calculated Under Law

    Termed non-pecuniary damages, these injuries are not easy to quantify in dollar terms. However, the courts have interpreted them in three important Supreme Court of Canada rulings (known as The Trilogy) and have established a cap for awards in such claims.

    The factors that determine such damages include:

    • Age of victim
    • Number of years of working life that were lost due to injuries
    • Potential for recovery based on age and health status
    • Nature and severity of injury
    • Occurrence of disability due to injuries
    • Loss or impairment of life
    • Impact on lifestyle

    Besides pain and suffering damages, there may be other categories of non-pecuniary damages that you may be eligible for. An experienced and knowledgeable Brampton car accident lawyer or Brampton slip and fall injury lawyer can provide more information on this. These damages, based on the circumstances of your case, could be:

    • Loss of enjoyment of life due to disability, injuries or psychological conditions following the accident
    • Wrongful death claim for loss of companionship of a loved one. This claim can be made by the survivors of a person killed in the accident
    • Emotional impact and mental anguish
    • Lowered quality of life as a result of injuries sustained in the accident

    Several studies have indicated judicial trends and thinking in landmark cases in Ontario. Claims for damages for pain and suffering are assessed on subjective criteria regarding how much of an impact the injuries have on the person’s life. Awards are also based on credibility of the plaintiff and on the strength of the evidence provided.

    Contact the nearest personal injury lawyer in Brampton without delay for more information and assistance.

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