The goal of the legal system is to compensate injured claimants for their loss as a result of an accident or injury whether it is for economic loss, pain and suffering or both.  In either case, there would also need to be a legally responsible party to blame for the loss/injury suffered before compensation can be recovered.

One of the most commonly asked questions by injured clients is “what is my case worth?” However, the short answer is that it will depend on many factors.

One factor to be mindful of is that in 1978, the Supreme Court of Canada capped the amount of compensation that a Plaintiff may recover for  “Pain and Suffering“ to $100,000.00. However, the present day value of this after adjusting for inflation is approximately $340,000.00. The more severe the injury, the higher an award of Pain and Suffering would typically be with the maximum reserved for extremely serious cases, which would likely involve quadriplegia.

Some other key factors that a court may look to in determining an amount to be awarded for Pain and Suffering includes the severity of the injury, the age of the claimant, the type of treatment required for the injury (i.e. surgery), pre-existing injuries, subsequent injuries and length of time the injury requires for healing.

In addition to an award for Pain and Suffering, a Plaintiff may also recover compensation for Economic Loss such as income loss, medical and rehabilitation expenses and housekeeping and home maintenance expenses. These damages are not capped at a maximum amount and will vary on a case-by-case basis depending on the particular circumstances of the individual claimant.

Plaintiffs are also expected to take responsibility for their own actions or inactions, which can affect the value of their cases. For example, failure to wear a seatbelt at the time of a car accident or failure to wear a helmet at the time of a bicycle accident may diminish the value of the claim to some degree depending on the facts of each case.

Plaintiffs are also expected to mitigate their losses. This means taking steps to reduce the harm caused by the injury. This might include seeking medical treatment for the injuries suffered or taking steps to seek out employment where it may be reasonable in the circumstances. Failure to do so may affect the value of a potential damage award.

The above factors are but a few of a large non-exhaustive list of considerations to be aware of when determining the value an injury claim. It is best to consult an experienced personal injury lawyer to discuss the specific facts in your case.

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