How Damages for Pain and Suffering Are Assessed in a Personal Injury Case

How Damages for Pain and Suffering Are Assessed in a Personal Injury Case Zayouna Law

personal injury lawyers often get questions regarding damages for pain and suffering.  From their experience, not one personal injury case is the same, every situation is unique and the course of events from case to case always vary. To understand how damages for pain and suffering are assessed, you would first need to consider to whom they are entitled to.

In order to potentially succeed with your claim for pain and suffering, your injuries must meet certain requirements, also known as the “threshold.” If your injuries do not meet the threshold, then you may not be able to substantiate your claim. The threshold is as follows, personal injuries that resulted in:

  1. Death
  2. Permanent serious disfigurement such as, a loss of a limb
  3. Permanent serious impairment of an important physical, mental or psychological function.

Bear in mind that damages for pain and suffering are not to be viewed as compensatory as the Supreme Court had opined that no money can provide true restitution. Damages for pain and suffering is intended to provide money to make life more endurable considering the loss of future income from not being able to work and the costs for special care.

Regardless of your situation, if you have been involved in an unfortunate incident that resulted in injury, speaking to a lawyer won’t hurt, even if it’s just a few hours of legal advice. Contact Zayouna Law to get in touch with a personal injury lawyer in Toronto.

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