How to Judge And Account For Pain And Suffering In A Car Accident Case?

There are quite a few things that you might want to take into account when it comes to filing a claim for compensating injuries stemming from a car accident. Right off the bat, you need to be well aware of the fact that there are two different types of damages that you can claim. The first ones are known as economic or “special” damages while the second type is known as non-economic or “general” ones. There is a characteristic differentiations between both which needs to be drawn concisely in order for you to understand the critical different.

Economic damages are those which stem from medical bills, the resources you’ve spent to repair your vehicle and the lost income from not going to work, for instance. What’s characteristic and determining for all of them is that they can be proven with a piece of paper – a document, a contract, receipt, bill or whatnot.

Non-economic damages are, however, a bit more specific. They are rather hard for evaluation. They are the damages which stem from emotional conditions of distress, pain, suffering and others alike. As per the current legislation of Canada and the province of Ontario, every court has the jurisdiction to assess non-economic injuries on its own for every separate case. This is a fair solution as each case differs in injury and liabilities.

How much money can you clam for pain and suffering?

This is not an easy question to answer. In fact, pain and suffering in a car accident case is going to be evaluated by taking into account quite a few different factors. Some of them include but are not limited to:

·         The gravity of the injuries

·         The typically associated amount of discomfort and pain which is associated with these injuries

·         How are they impacting the quality of your life, your job and other activities

·         The nature of the treatment which is necessary for taking care of these injuries

·         The estimated time for recovery

·         The necessity to take powerful pain medication and the necessity of further rehabilitation or consecutive treatment

As you can see, there are quite a lot of things that you’d have to take into account when assessing your pain and suffering. For instance, a person with a broken leg who’s likely to recover in a month and to get back to his normal life right afterwards isn’t going to get the same amount of money as another person who has broken his leg but he needs it for his work, income and others of the kind – a football player, for instance. The pain and suffering and the non-economic damages in the second case are going to be higher in comparison. Additionally, in many cases, the leg has to be amputated or is in a condition that has led to permanent disability which naturally calls for higher payout.