Pain and suffering compensation claims arising from injury or death due to an accident. The amount of compensation that the victim is awarded depends on a few factors, such as how much pain and suffering they experienced and how long their recovery lasted.
Injuries can also have a lasting effect on a person’s lifestyle, So in some cases, the victim may be entitled to more compensation for this.
Pain and Suffering Compensation
The phrase “pain and suffering” legally refers to physical and mental injuries due to an accident at work or by a person. It is usual for victims to seek compensation for the pain and suffering claims. The compensation can be for economic damage claims, such as loss of wages, or non-economic damage, such as stress, mental problems, and pain.
Injured workers cannot seek compensation for their pain and injury claims, but they can separately ask for compensation for personal injuries. So to file a lawsuit for a pain and suffering claim, the blame for your damage must be from a third party and not the employers.
For example – you can file for compensation for injury for dog bites as the dog is a third party. Another example would be if the damage comes from a faulty machine, and therefore the injury is caused by the manufacturer. (Manufacturers are legally obliged to compensate if their products have caused harm.) A third-party claim is advised, if possible. It makes the case easier.
It is also possible to go for third-party pain and suffering claims as workers’ compensation claims together.
It is necessary to remember that the worker’s insurance company will ask for reimbursement, also known as subrogation, as the insurance company is not responsible for the injury.
Read More: Alberta Car Accident Compensation
What Counts as Pain and Suffering Claims?
Many damages can be counted as pain and suffering claims. Usually, any damage caused by long-term pain and suffering (both physically and mentally) is suitable for pain and suffering claims.
Here are some of them (the list is not definite), and the claims are not limited.
- Cycling and pedestrian collisions.
- Violence.
- Car accident.
- Workplace accidents.
- Medical Malpractice.
- Severe dog bites.
- Motorcycle crashes.
- Slip and fall accidents.
- Wrongful death.
Serious injuries can lead to more health problems. Thus more suffering and pain and perhaps even more severe than the initial accidents such as:
- Limb Loss
- Paralysis.
- Loss of Eyesight.
- Facial Disfigurement.
- Post Traumatic Stress Disorder (PTSD).
All these problems deteriorate happiness and cause trauma, shock, long-term issues, etc. The most common pain and suffering compensation is a car accident where the victim is not its cause.
Suppose you have been suffering due to some sort of accident at work. Or your loved one has or if you are wondering if your physical or mental issues (caused by accident at work) can be counted for pain and suffering compensation: contact pain and suffering compensation for more information and a thorough look at your case.
How are Pain and Suffering Proved?
The victim needs to pass the verbal threshold to claim compensation for injury. A verbal threshold is a law in Canada that makes sure that plaintiffs produce medical evidence for their injuries and are serious and permanent.
An expert will help the judge understand the mental and physical suffering of the patient and the treatment the patient will have to undergo.
Additional witnesses may be called to give evidence of the victim’s unhappy life due to their injuries. And the victim’s first-hand experience.
Keeping the victim’s reports documents is better because that will give the case more reasons to win.
It is not very easy to prove or calculate. That is why the lawyer may ask for:
- Photos of the victim’s injury.
- Eyewitnesses.
- Proof of treatment from a mental health professional (psychiatrist, therapist, etc.).
- The victim’s documentation (maybe a journal).
- Medical or the doctor’s reports.
Pain and Suffering Laws in Canada
Pain and suffering fall under negligence tort law in Canada, otherwise known as the tort of negligence. This law obliges everyone to be reasonable in care to ensure that others are not being harmed due to careless acts (exceptions do apply).
In negligence tort, two private parties oppose each other. The victim may oppose the other party for compensation for the suffering and lack of enjoyment due to physical and mental injuries.
If the victim has been demised, the heritors or the estate can claim compensation for pain and suffering.
In Canada, the claim on money for pain and suffering is $30,000 deductible, but the judgment reaches over $100,000.
Compensation in Canada
In Canada, the company or the opposition party is found guilty/ liable to compensate for the victim’s losses. Compensation for pain and suffering and loss of joy and medical bills not covered by health insurance, income loss, and future income loss. It also includes the cost of future medical care.
If the victim is dead, the heritors will get the support money they would have earned.
Estates have limited compensation injury claims in Canada. They are only allowed to file for monetary expenses, for example, funeral expenses.
Some provinces (like Alberta) allow the survivors to claim money for recovery, sorrow, and damages.
There are cases where the liability is vicarious. This means the employer is responsible for the liability, which is the most pleaded in courts.
Some strict liabilities are rare, such as harm from domestic or exotic pets and fires started by a particular person. They might be rare, but they are still considered a liability and thus have to compensate the people who have been harmed.
How Can a Lawyer Help You?
A lawyer is always needed in such a case. A personal injury lawyer will help the patient calculate all the losses from medical expenses, therapy, wages, future income loss, and any benefits you have lost due to your physical and mental state—no matter where you live in Canada.
Other facilities your lawyer can give you:
- Help you to avoid any legal pitfalls that may come
- Will represent you in court when you file for a lawsuit
- Gather evidence for you to ensure your claim for compensation
- Will oppose a fair settlement with the other party
- Your lawyer will be with you for the entirety of the case
Conclusion
Pain and suffering compensation claims might look complicated and hard to prove. Still, a professional injury lawyer will help in the victim’s case and gather as much information and evidence to win the case and come down to an agreeable payment for the victim.
After all, no one has to suffer that much physically and mentally, and tort laws in Canada help prevent that.
Frequently Asked Questions:
Here are some frequently asked questions that will enlighten you:
What is a Reasonable Payout for Pain and Suffering?
A reasonable payout is the victim’s loss multiplied by a number between 1.5-5 (depending on the severity). Such as, a $3000 loss can be turned into a $9000 payout.
Can You Be Compensated for Pain and Suffering?
If you have been physically or/ and emotionally suffering due to someone else’s negligence, you can compensate for pain and suffering. Your lawyer will help you be compensated.
What Should Be Included in a Pain and Suffering Claim?
Everything you are suffering from, including the documents, medical reports, and pieces of evidence of your suffering mentally and physically, should be included in a pain and suffering claim.
How are Pain and Suffering Calculated in a Lawsuit?
In most cases, the amount of the damages is considered and then multiplied between 1.5 and 3. 3 is the most common number taken for multiplying.
Do You Have to Prove Pain and Suffering?
Yes, your lawyer will have to prove your pain and suffering and every claim to win the lawsuit and make sure you get your compensation.