A person can file a personal injury claim if they believe they have faced a loss of mental or physical health due to some circumstances. Sometimes, these claims have complexities such as medical bills, cost of damage or even potential earnings missed out on. However, there are also other types of damages called non-pecuniary damages. These are also known as “pain and suffering” damages. To put it simply by an example, a person may file a claim for this if a family member dies due to an accident. However, it’s a little more complicated than that.
Pain And Suffering And The Canadian Law
Every personal injury has some sort of effect on your physical ability or mental ability which is usually considered non-pecuniary damages (damages that do not hold monetary value but cause issues in a person’s lifestyle). However, the Supreme Court of Canada considers these struggles different from other non-pecuniary damages.
Some examples of why pain and suffering claims can be made include impairment, decreased quality of life, anxiety, depression, loss of relationship (including spouse, family members, legal guardians), or even scarring on your body.
Limitations by the Supreme Court
The Supreme Court of Canada limits damages for pain and suffering at about $317,000. This is justified by the notion that these kinds of damages can’t be matched with any monetary value. To put it simply, this means that money cannot replace a human being or fix intangible lifelong disabilities.
Are There Any Other Limitations?
There’s another way the award may be limited. The Insurance Companies Act (S.C. 1991, c. 47)Â states you will not receive the award unless your damages reach a certain point. That point is usually death, physical impairment, or problems with psychological function.
Find Out More about Pain and Suffering Laws
You can find out more about pain and suffering laws by hiring us. We are a law firm specializing in personal injury lawsuits, and we have the best consultants to help you with all of the problems. We even help get work permits in Canada while also helping with issues related to Canadian immigration laws. So, contact us and find out how we can help you.
