In addition to compensation for medical expenses and lost wages, injury victims may also be eligible to recover compensation for the pain and suffering they have experienced after an accident. However, these types of damages are subjective, making them more difficult to quantify.
This is why it is in your best interest to reach out to an experienced lawyer who could help you understand how to calculate the potential value of your pain and suffering so that you have a chance to secure maximum compensation. The Windsor personal injury lawyers at our firm are prepared to review your situation and determine your eligibility during a free legal consultation.
Types of Pain and Suffering Damages
Pain and suffering damages involve all physical, emotional and mental pain and suffering that stems from an accident and the resulting injuries. These damages may include:
- Physical pain
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Post-traumatic stress disorder
- Lack of energy
- Mood swings
- Loss of appetite
Pain and suffering damages include those negative feelings that the victim has already suffered, as well as those that he or she is likely to suffer in the future. Since everyone experiences pain and suffering differently, the value of these damages will be determined on a case-by-case basis.
In Canada, the cap on pain and suffering damages is approximately $370,000 and adjusts based on inflation. However, most awards do not reach this limit, only cases that involve catastrophic injuries.
Proof of Pain and Suffering in an Injury Case
Since pain and suffering damages are harder to calculate, there are certain types of documentation that could help support your claim for compensation.
If you sought help from a mental health professional, this can help establish the mental effect the accident has had on you. Some of your medical records may indicate your complaints of pain. X-rays, MRIs and other imaging tests can show the presence of a physical injury and support your assertions of pain.
You can take photographs to show the progression of your injury and document your daily pain in a pain journal. Friends and family may also provide an important viewpoint about how the accident has affected your life.
How Insurance Companies Determine Pain and Suffering
Insurance companies are not required to apply any particular rule when calculating the pain and suffering component of a claim. Furthermore, insurance companies have a vested interest in trying to minimize the amount they pay out in claims so that they have greater profits, so they will use methods that minimize the value of pain and suffering damages.
One common method that insurance companies use to determine pain and suffering is to multiply a number between 1 and 5 by the actual damages the victim suffered. There are a number of factors that affect whether the insurance company uses a lower or higher multiplier, including:
- The victim’s credibility and likeability
- The consistency of testimony
- Whether the plaintiff has a criminal record
- Whether the plaintiff exaggerated his or her pain and suffering
Another way to calculate pain and suffering is to provide a daily rate for this pain and multiply it by the number of days the victim experienced pain or other suffering.
Request a Free Consultation to Get Started
If you were injured in an accident, it is important seek legal representation as soon as possible. Our lawyers at Greg Monforton & Partners understand what it takes to calculate an accurate value for the damages injury victims have suffered. Should you have a case and decide to move forward, we are prepared to fight for maximum compensation.
Let us review your particular circumstances and evaluate your legal options in a free consultation. Since we work on a contingency, we do not receive payment unless you obtain a recovery.
Contact us today at (866) 320-4770 for more information.