Pain and suffering is legally defined as the physical and mental anguish a person experiences after a traumatic incident. This type of personal injury can include both physical and mental repercussions of accidents, intentional acts, and much more.
Pain and suffering is oft considered general damages and it is common for a person to seek compensation for economic and non-economic losses brought on by the incident or injury. Economic damages may include lost wages or loss of property value. Non-economic damages cover the pain, stress, and psychological effects.
If you or a loved one has endured a traumatic situation or injury caused by another individuals negligence, the victim may be entitled to further compensation for their injuries. Speaking with an experienced personal injury lawyer can help you determine if you may be eligible to make a claim.
For a no-cost, no-obligation review of your situation, fill out the FREE CASE REVIEW form to your right.
Causes of Pain and Suffering
The type of injuries a person may sustain can be temporary or permanent which can make a dramatic difference when a person files a pain and suffering claim. As pain and suffering can include both physical and mental injuries, the causes of pain and suffering can greatly vary.
Some common causes of pain and suffering include (but are not limited to)
- Car Accident
- Cycling and Pedestrian Collisions
- Workplace Accidents
- Motorcycle Crashes
- Medical Malpractice
- Serious Dog Bites
- Slip and Fall Accidents
- Wrongful Death
Additionally, serious personal injuries can produce pain and suffering more so than the actual even that caused the injury. Some examples include:
- Loss of Limb
- Loss of Eyesight
- Facial Disfigurement
- Post-Traumatic Stress Disorder (PTSD)
Specifically PTSD is a psychology injury that can impact a persons entire life and force them to receive medical care for an extended period of time.
How is Pain and Suffering Determined?
Those who have been seriously injured and wish to make a claim for pain and suffering must also pass the verbal threshold which was established by Canadian law to discourage all persons from pursuing smaller negligence claims.
In order to establish pain and suffering an expert may be called upon to help the judge understand the extent of an individuals physical or mental injuries as well as the amount of treatment that will be needed. Further witnesses may be called forward to relay how the individual has suffered from the loss of enjoyment of life.
Expert and witness testimony can better demonstrate the amount of pain and suffering the victim has endured.
Canadian Pain and Suffering Laws
It is important to note that in Canada pain and suffering as it is considered a negligence tort law which usually involves two private parties who take legal actions against each other for damages. One party may call on another to cover damages such as pain and suffering and loss of enjoyment of life. If the responsible party's negligence caused death, the estate or beneficiaries may be eligible to make a claim for pain and suffering.
Furthermore, Ontario laws stipulate that the amount you can claim for pain and suffering is subject to a $30,000 deductible, due to the verbal threshold, unless the judgment is more than $100,000.
Contact our Injury Lawyers Today
If you or a loved one has been injured due to another individuals negligence, the victim may be entitled to compensation for their pain and suffering. At Greg Monforton & Partners, our injury lawyers in Sarnia are experienced in pain and suffering claims and can help guide you through the entire litigation process.
We are ready to provide comprehensive legal counsel to ensure that you receive the MAXIMUM amount of compensation you deserve under Canadian law. Our office is located in Windsor, Ontario and we proudly represent victims throughout the following areas:
- Forest Glade
- and many more
To find out how we may be able to help you with a pain and suffering claim, contact us at (866) 320-4770 and one of our intake staff members will connect you with one of our lawyers best suited in handling your claim.
If you prefer to contact us online, fill out the FREE CASE REVIEW form located at the top right hand corner of this page its 100% FREE to submit and all your information is kept confidential.