Things You Must Know About Pain and Suffering Claims in Ontario
If you have been injured in Ontario, you may be eligible for compensation for your damages. This can include compensation for what is called “pain and suffering.”
The term pain and suffering is a blanket legal term that refers to physical and emotional pain and turmoil that you have suffered as the result of your injuries. Unfortunately, pain and suffering is highly subjective and can be difficult to quantify for purposes of an injury claim.
What Will Be Considered When Determining a Pain and Suffering Award?
Here in Canada, compensation for pain and suffering is not an easy thing to pursue. An injured party must exhibit serious physical, mental, or psychological impairment to be awarded pain and suffering compensation.
When considering a pain and suffering claim, the court will consider many things, including:
- The nature of the injury
- The severity of the injury
- The severity and duration of the pain
- Emotional suffering
- The injured party’s age
- Any disability
- Any loss of life expectancy
- Any loss of amenities
- Impairment of life
- Impairment to family, marital or social relationships
as well as other things that the court may consider relevant to the claim.
Caps on Awards
There are also caps on pain and suffering awards in Ontario to consider. In 1978, the Supreme Court imposed caps on the amount of compensation that could be awarded in these claims. These are adjusted periodically for inflation and are currently at $390,883. But awards are usually far below this except in the most serious of cases.
Getting Legal Assistance
Substantial documentation is needed to prove pain and suffering in Ontario. As an injured party, the onus of proof is yours which can be difficult if you are suffering severe disability from your accident. Having the guidance of a skilled Ontario personal injury lawyer is critical. Contact the personal injury lawyers at Hilborn & Konduros Law Firm for a free consultation at (519) 658-6341 to discuss your case.
