Introduction
Most personal injury claims are settled, and damages are awarded to the victims. If you wonder how much you are entitled to as damages for your personal injury claim, keep reading! This article will address how much is available to an injury victim in Canada, but particularly in Newfoundland and Labrador.
Unlike other jurisdictions, such as the United States, where victims probably get settlement with damages without a specific limit for their injuries, pain, and suffering, there is a maximum amount of compensation that can be paid to a victim for their pain and suffering in Canada. This maximum amount was set in1978 by the Supreme Court of Canada in three series of decisions known as trilogy cases (Andrews v Grand & ToyAlberta Ltd, [1978] 2 SCR 229; Arnold v Teno, [1978] 2 SCR 287; Thorton v Prince George School District No. 57 [1978] 2 S.C.R.267.
In these decisions, $100,000 is the maximum amount that a victim can get as damages for their pain and suffering. However, because of inflation adjustment, that current maximum amount will be around $458,000 (as at the time of writing this article in 2024).
This is not to preclude a victim from getting more compensation under other heads of damages such as medical bills, loss of income, etc. You may need to consult a personal injury lawyer to assess your particular situation.
Average Settlement in Canada
It is important to note that there are no absolute rules on the dollar value of injuries suffered in personal injury claims. The peculiarities of each case and the losses involved determine the settlement value. However, flowing from precedents and framework, the following factors are usually assessed by the court:
- The Physical Pain: The court considers the kind of physical pain caused by the accident, the location of the pain on the body, and the physical discomfort flowing from the pain. Additionally, the court considers the necessary medical treatment for treating such pain and how bearable the pain or such treatment will be.
- Psychological Damage: The court also considers the mental and psychological damages resulting from the accident. For instance, there are accidents that result in Post-Traumatic Stress Disorder. Assessing the value of settlement payable in such cases will often include a consideration of the impact of the injury and the possibility of managing the injury.
- Length of Recovery: In assessing the value of damages, the court also considers how long it will take for the victim to recover from the injuries resulting from the accident. This may include, as the case may be, the recovery period for physical injuries and that of psychological injury (or trauma) that resulted from the accident. The longer this is, the greater the amount of settlement will be.
Proof of Need for Large Settlement
In order to determine the level of the considerations mentioned above, the court will require the medical records of the victim. This is because the medical records represent the most objective view of the trauma the victims might have undergone and may still be undergoing. This makes it important for victims of accidents to see their medical practitioners as soon as possible and account for every pain they are going through. Where necessary, medical examinations should be carried out to establish the presence of the injuries causing pain to the victim. A clear report of the victim’s ongoing pain, discomfort, and possibly immobility goes a long way in proving to the court the need for greater compensation.
The failure of a victim to demonstrate his pain and suffering might result in a smaller amount of compensation. While out-of-pocket medical bills are always covered, the court and insurance companies most often do not provide a large settlement for minor injuries.
The Importance of Documentation
As mentioned, smaller compensation amounts would often result from the failure of victims to largely demonstrate their pain and sufferings. They often fail to account for relevant facts. This makes documentation a great determinant of your settlement value. For this, an ongoing record of injury helps victims account for pain and suffering experienced.
It is also important to consult and hire an experienced personal injury lawyer to represent you. Importantly, the consultation may be immediately after the accident while pain and suffering are still ongoing. The lawyer will assist in guiding your documentation, understanding the most important facts and arguments that will best influence a court or an insurance agency.
Again, each case is unique, and the uniqueness of each case would determine the damages for the pain and suffering. Most importantly, it is how expertly and professionally these unique details are handled that determine the value of the damages.
Should you be injured, please reach out or have your family reach out to us.
