Pain and Suffering – Quantifying Personal Injury

personal injury claims, quantifying claim values

Posted In

Personal Injury

After a personal injury, you may be entitled to up to approximately $364,000 in non-pecuniary damages (pain and suffering) to compensate for pain, stress, loss of enjoyment of life, and more. Ontario courts can assess your injury or a Hamilton personal injury lawyer can help estimate the value of your claim.

How the Court Handles Pain and Suffering

Although the unique circumstances of each case are used to calculate pain and suffering, the Supreme Court of Canada has capped the maximum amount at approximately $364,000 (adjusted for inflation) for non-pecuniary damages. You’re only likely to be paid the maximum if the accident resulted in a catastrophic personal injury, such as one that results in a brain injury or paralysis. A judge can, however, assess how the injury has affected your life, your ability to function, and your overall enjoyment of day-to-day activities. Compensation can therefore be assessed in a court setting.

The Personal Injury Lawyer’s Role in Assessing Pain and Suffering

Once a law firm starts working on your claim, accident lawyers will collect all the information relevant to the incident and its aftermath. Unlike medical bills, property damage, and loss of income, non-economic damages are not easy to pin a dollar amount on. Pain and suffering refers to the physical and emotional stress, anxiety, and loss of enjoyment of life that directly results from personal injuries sustained in an accident.

The principle underlying the assessment of damages in personal injury is that the injured person is to be placed in the position they would have been in had the accident not occurred. Your personal injury lawyer will help determine the value of your general damages by using this framework. This is accomplished by examining a number of factors:

  • Pre-accident health and lifestyle
  • Nature of your injuries
  • The effect the injuries have had on your life
  • How well you have recovered from your injuries
  • The effect the injuries may have on your life going forward

Your personal injury lawyer will also look at the amount of damages that judges and juries have awarded people who have suffered similar injuries. There is no formula that Ontario courts or lawyers will use to calculate general damages, however. Much will depend on the unique circumstances of your case.

It is important to remember that general damages are just one part of a personal injury case. Personal injury lawyers will also look at how the accident has affected your employment, medical costs, and housekeeping ability.

Follow Your Lawyer’s Advice on Pain and Suffering

The pain and suffering from a personal injury can’t easily be quantified monetarily. However, personal injury lawyers will obtain the necessary information from you so they can negotiate a fair settlement. Mackesy Smye has a team of accident lawyers who have successfully completed many Hamilton personal injury cases, all of which involve an element of pain and suffering.

Call today for a consultation and a professional hand to guide you towards compensation from your accident.

Get started today with a free consultation

Contact us for a confidential personal injury legal consultation. Complete our secure online contact form, or call us at 1-905-525-2341 today.

Related Articles

personal injury claims, how to make sure you're prepared for your first meeting with a lawyer

Preparing for Your First Meeting with a Personal Injury Lawyer

There’s a mountain of paperwork involved in filing a personal injury lawsuit. In this article, we explain what details you'll need to have prepared for your first meeting with a personal injury lawyer to give your case the best possible chance.

Read Article
Personal Injury Damages in Ontario

Understanding Damages in Personal Injury Cases

If you’re injured by a third party, what rights do you have? Can you sue for pain and suffering as you would in an auto accident? It’s different for both off-road vehicles and watercraft. In this article, we explain the differences and also give some great advice for staying safe off-road and on the water.

Read Article
assumed risk and personal injuries

How to Protect Yourself When Risk is Assumed

If you’re injured by a third party, what rights do you have? Can you sue for pain and suffering as you would in an auto accident? It’s different for both off-road vehicles and watercraft. In this article, we explain the differences and also give some great advice for staying safe off-road and on the water.

Read Article
personal injury and concussions

Concussions: What You Need to Know

If you’re injured by a third party, what rights do you have? Can you sue for pain and suffering as you would in an auto accident? It’s different for both off-road vehicles and watercraft. In this article, we explain the differences and also give some great advice for staying safe off-road and on the water.

Read Article
when do you need a personal injury lawyer?

Do I Need A Personal Injury Lawyer?

This legal article gives you all you need to know about finding a personal injury lawyer in Ontario. And tells you how to make sure you find the best lawyer for your case. We provide great resources to help you do your research too. You only get one shot at this, so we want you to do it right.

Read Article
Air BnB and personal injuries - suing rental property owners

Personal Injuries & Rented Properties

If you are using Airbnb to find accommodations, you need to understand what happens in the event of a slip, trip or fall. Read this post to learn more about the legal framework that Airbnb provides to its users, and where hosts and guests should exercise more caution.

Read Article
Templates Library
Loading, Please wait...
The Library cannot be open, please try it again later.
This field is required.
Invalid email format.
Some of the fields are not filled or invalid.
Form Template
Select a Form Template
Available fields in the selected template: