The pain and suffering after an accident can take a toll on the victim’s life. From hefty medical bills to physical and mental anguish, it can make anyone suffer in many ways. Fortunately, in Alberta, Canada, you can claim compensation for your pain and suffering caused by an accident due to others’ fault.
Let’s know what is pain and suffering compensation in Alberta and how to claim it with the help of a lawyer.
Table of Contents
What is Pain and Suffering Compensation?
According to injury law, pain and suffering refer to a person’s physical and emotional discomfort and misery due to an accident.
To explain it more clearly, let’s consider the victim’s overall state as below:
Due to an accident, a person encounters physical discomfort as well as psychological shock. The mental trauma doesn’t let them feel normal due to flashbacks or the severity of the injury. Thus, it hampers the sufferer’s daily life routine, limits social interaction, or restricts workability.
Overall, the person faces pain, grief, anxiety, uncertainty, and worry about financial conditions. These situations altogether cause pain and suffering.
In this regard, pain and suffering compensation is the financial support for the victim to get over their restless situation and, at the same time, punishment for the responsible party. The compensation also ensures that the victim would have their recovery days peacefully.
Examples of pain and suffering
- Decline physical capability
- Exhaustion and fragility
- Diminished sexual function
- Anxiety and depression
- Trouble in performing basic tasks
- Cognitive impacts
- Psychological despair
- Decreased socialization
- Inability to engage and enjoy leisure and hobbies
How is Pain and Suffering Compensation Determined in Alberta?
Undoubtedly, an injured person requires to get over their stressful situation. However, as mentioned earlier, assessing pain and suffering is difficult. And, to do that of a random case would be kind of beating about the bush.
Different cases have different scenarios. Hence the court follows several criteria and factors before determining the compensation as per the following:
Two common subject matters that are involved in the process are—
Economic damages
A person has to take medical treatment and other expenses for physical recovery due to injury. It also causes the inability to attend the workplace, which reduces income. These two matters help determine the compensation amount mostly.
It also happens that a person’s earning capacity is reduced for a long time or permanently due to the injury by accident. The person may lose their job after a severe injury as well. That would result from being absent from the workplace for a long time.
Proof and evidence
An injury lawyer presents the evidence and witness statements that establish the pain and suffering of the victim in court. That can verify the scenario and help the judge to come to a decision.
If the court understands and accepts your scenario and considers if you’re entitled to compensation, they declare the judgment accordingly.
The victim or lawyer should present the paper elements below to prove economic damages.
- Medication and other medical bills, doctor’s prescriptions, and other documents of medical therapy, tests, etc
- Testimonials or certificates from the psychiatrist
- Papers describing the patient’s mental or physical status
- Detailed documentation of changes or interruptions in lifestyle and daily activities
- Testimony from close relatives, friends, and family members
Know about Traumatic Brain Injury Compensation Claims (Guideline)
How Much is the Pain and Suffering Compensation in Canada?
A person with a fractured bone and another with a broken hand spending a couple of weeks on bed rest won’t go through the same suffering and treatment. Greater injury cause greater suffering, and that comes with longer recovery time and more expense.
As of 2021, the maximum compensation for soft tissue injury can be up to $5,365.
Common soft tissue injuries are:
- Sprains
- Tendonitis
- Contusions
- Strains
- Bursitis
- Stress injuries
On the other hand, for severe injury cases, the limit is $370,000. Thus, the compensation amount is naturally much higher for worse cases.
Here are examples of some severe injury cases:
- Traumatic brain injuries
- Spinal cord injuries
- Partial or total paralysis
- Loss of any organ
The compensation amount here won’t be the final in the whole case. It’s only for the context of pain and suffering.
What are the Factors Affecting the Pain and Suffering Compensation?
The following factors highly impact the amount of compensation.
- Proven negligence by the defendant
- The ultimate impact of the accident on the victim’s life
- The type of medical treatments the injured person requires or is already required.
- Future impact of the injury.
Personal Injury Payout Guide
The battle is on to gather data and evidence as soon as the accident occurs. Many photos should be taken, so make sure you do that.
It can be challenging to consider this when you’re still suffering from the accident, but gathering visual proof is important.
Keep all of your medical records, police reports, and invoices for any expenses paid as a result of your injury. Receipts for neck braces, crutches, and prescription medicines may fall under this category.
It’s important that you get help from a doctor right away. It is more difficult to prove that your symptoms were caused by the accident if you wait too long to have your injuries examined. You’ll probably receive a smaller payment or none at all as a result.
Concussion Settlement Value in Canada
Settlements for traumatic brain injuries are affected by a variety of factors. As a result, the amount of compensation will depend on the seriousness of the injuries. The compensation will be at its maximum ability if the damages are significant and severe.
However, if the injuries are minor, a small settlement will be arranged. But there is a typical traumatic brain injury compensation rate in Canada. By examining the typical settlement amount, you can get an idea of the potential financial compensation for a brain damage.
In Canada, traumatic brain injury (TBI), often known as TBI, settlements typically range from $5,000 to $10,000. Depending on your circumstances, this sum can range from thousands to millions of dollars. If the injuries are small and common, this amount can be as little as $1,000.
Chronic Pain Settlements in Alberta
The maximum compensation that can be claimed in Alberta for injuries that are considered “minor” is $5,202. Compensation for chronic pain is not just covered by the Minor Injury Regulation. Depression and other long-term psychological harm can result from chronic pain.
Why Hire a Lawyer for a Pain and Suffering Compensation Claim?
The amount of money isn’t the scale of whether the compensation is good or bad. The main objective of the compensation is to help the victim return to normal life again with financial stability. And that comes up through the calculation and assessment.
Note that often the insurance companies offer compensation money. Agreeing on them without proper calculation won’t be a good idea. Also, it’s expected that the total expense exceeds the amount provided, either by the insurance company or the defendant. Because later, more medical complications could occur.
So, be it a good compensation or more and even less, always involve an experienced lawyer’s intervention. A lawyer will always try their best to get you the highest and actual compensation.
Last Words
Compensation after an injury isn’t merely a judgment. According to the legal structure, a person suffering due to another person’s action has the merit to get it. But, for that, a complete idea about it is necessary.
We hope the article will be helpful if you face any situation. But, safety should be the preference over suffering and then compensation. So, be always careful wherever you are.
A Complete Guide on Catastrophic Injury and It’s Compensation
FAQs
How much can you get out of pain and suffering?
As of 2020, the highest compensation for pain and suffering was capped at $5,296, which means it shouldn't exceed the amount. It's applicable for the 'not serious impairment' cases. If it's 'serious impairment,' the highest amount is capped at $370,000. But, the restrictions on the amount shouldn't get the victim less money than they deserve.
Can a person sue for pain and suffering on behalf of a close relative?
If a person experiences pain and suffering before death, a loved one or an immediate family member can sue the responsible person. It will be considered compensation for losing a close person's grief and mental anguish.
How much time does it take for a car accident settlement in Alberta?
Normally, most cases are resolved outside the court by mutual settlements between the parties. Apart from that, the duration varies due to different situations or activities by the parties. It's possible that being unable to attend a trial can extend the case for 3 to 4 years.
What is the best settlement in pain and suffering compensation?
The amount that fulfills the necessity of the injured person and helps to recover properly is the best settlement amount. Like determining the final amount, the best settlement amount requires assessing the overall factors in the case.
Will the insurance company's offer for compensation be reasonable?
The possibility is less to expect a good settlement from the insurance company. Contact your lawyer before going for a final agreement with the insurance company in this case.
