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Are You Considering a Personal Injury Claim for Pain and Suffering?
By Jayne Browne
Articles
Accident victims in Ontario have a right to file a personal injury claim and seek compensation for pain and suffering. Pain and suffering claims are referred to as tort claims. Most serious accidents result in personal injury and pain. There is the obvious pain suffered immediately after the accident, pain following treatment of the injuries, and ongoing pain that can last throughout one’s life following an accident.
 
To file a personal injury claim and receive compensation for pain and suffering, the injuries must be permanent. The causes of pain and suffering can vary a great deal since it can include both physical and mental injuries.
 

Common Causes of Pain and Suffering Include:

  • Car Accidents
  • Cycling Accidents
  • Pedestrian Accidents
  • Workplace Accidents
  • Motorcycle Crashes
  • Serious Dog Bites

Common Injuries Include:

  • Head and brain injuries
  • Bone fractures and bruising
  • Injury to internal organs
  • Back injuries, including back muscles, spine and spinal cord injuries such as paralysis
  • Joint dislocation and/or fractures
  • Connective tissue injuries
  • Facial disfigurement

How is Pain and Suffering Determined?

 
Canadian law established a verbal threshold regarding pain and suffering in order to discourage all persons from pursuing small negligence claims. Those who have been seriously injured and wish to make a personal injury claim for pain and suffering must pass this threshold. The injuries need to meet the legal threshold which is loosely defined as being injuries that present a serious and permanent impairment of an important bodily function. The injuries need to be significant, and need to impact the accident victim’s life in a very real and tangible way. The personal injury lawyers at Sokoloff Lawyers will help you make the assessment in terms of whether or not your injuries will meet the threshold.
 

How Do Courts Calculate Pain and Suffering?

 

There is no specific answer for calculating pain and suffering. Each case is unique. When determining compensation for pain and suffering, a judge will evaluate how the personal injury has affected the victim’s ability to function in everyday life and how the injury has affected the individual’s enjoyment of life. A variety of factors help determine the amount a Court will award for pain and suffering including:

  • Age of the injured person
  • Severity of the injury suffered
  • Length of time it will take the injury to heal
  • Nature of the treatment required to treat the injury
  • Length of time a person is hospitalized
  • Any pre-existing injuries that the injured person had when they were injured
If you are considering a personal injury claim for compensation for pain and suffering, it is important to have an experienced personal injury lawyer assisting you. Sokoloff Lawyers is a law firm experienced in serious personal injuries and accident benefit claims. We negotiate settlements for you, but unlike many law firms, we are also trial lawyers. We have the expertise and resources to take your case to court if a settlement is not reached. Our professional team maintains a proven record of excellence and client satisfaction in upholding justice and fair compensation for our clients.

 

Understanding How Damages Are Determined in a Personal Injury Claim

By cjp

Your life is not the same following an accident or personal injury. What may appear to initially be physical injuries, may over time jeopardize employment, which, in turn, will result in loss of income (“loss of earning capacity”) and/or inability to perform housekeeping and home maintenance tasks. In fact, “personal” can include physical injury, sickness or disease, psychological and emotional injury.

 

Understanding how damages are determined in a personal injury claim is a complex and nuanced process, which usually requires the expertise of an experienced and reputable Personal Injury Firm such as Sokoloff Lawyers. Below are some of the most common types of damages awarded in personal injury cases:

  • Medical Treatment – this is commonly awarded to include the cost of medical care associated with the accident.
  • Pain and Suffering – these are referred to as non-pecuniary general damages and will be explored more fully below.
  • Income – compensation may be available for the impact of the accident on your salary and wages in the past and the future.
  • Property Loss – you may be entitled to reimbursement for items damaged as a result of the accident.
  • Family Member Claims – family members may be entitled to compensation for their financial losses related to care as a result of your injuries.

 

In most cases, compensation can be agreed upon at a settlement in order to avoid proceeding to trial. However, what makes Sokoloff unique is the ability of their trial lawyers to bring your case to court if a settlement is not reached. Additionally, Sokoloff Lawyers offer a free consultation, a No Fee Guarantee – if your case isn’t won, you don’t pay – and they offer service in 29 different languages!