Pain and Suffering Lawyers in Ontario can Seek Claims for your
Mental-Emotional Distress
If you have been injured in an accident, then you understand
that the distress after the event is more than just physical. Often the
mental-emotional suffering and the challenge of meeting financial obligations are
just as difficult to manage in recovery. Pain and suffering lawyers can
advocate on your behalf through the system, but it is also important that you
educate yourself on some the facts.
Unlike the United States, our legal system has award
limitations to control the cost of insurance and to minimize the incidents of
frivolous and expensive litigation. Fortunately, the Ontario courts do take
into account the distress, pain and suffering both physically and mentally –
like Post
Traumatic Stress Disorder (PTSD).
How financial awards are determined
There are three types of compensation available to accident victims in
the Ontario judicial system: damages to personal property; income loss and
medical care cost recovery; and pain and suffering. Ontario Tort
law was established to re-balance the harm done to a citizen by determining
the degree of negligence of the defendant, the extent of the injury to the victim,
and the compensation to be paid to the victim; with the intention of restoring
their life to where it was prior to the accident. There are limitations, and
your legal advisor will help you to understand those that affect your specific
case.
General Damages versus Special Damages
There are two types of awards in a personal injury case: ‘general’ damages and
‘special’ damages. Special damages are those that can be directly attributable
to the accident and quantified – such as lost wages and medical bills. An
example of general damages is the pain and suffering that you experience as a
result of the healing, recovery, and any longer term effects.
Pain and Suffering
Pain and suffering is defined as the physical and mental stress that is experienced after
the trauma of an accident. These claims are more difficult to prove, and
attaching a compensation figure is often compared with past similar cases in
the Ontario Court System.
To support your claims, it’s important
to document the physical and mental-emotional pain and suffering with as much
detail as possible; including frequency, intensity and duration. Reporting
those details to your medical and rehabilitation providers to record - helps
support the case that your lawyer will make on your behalf.
After your initial medical care, seek
legal advice. Experienced personal injury lawyers are an invaluable resource to
help you on the road back to recovery. They help you to navigate the
complicated insurance and legal systems, negotiate, and if necessary litigate
in court on your behalf.
Remember, most personal injury lawyers will work on a "we
don’t get paid, if you don’t” arrangement, so they are highly motivated to work
hard for you and your cause.
Compensation will not fully restore your life back to normal, but attaining the
peace of mind that comes from professionals looking out for your best interests
eases the stress on both your mind and your body.