Pain and suffering from an accident has economic and non-economic factors involved then how pain and suffering compensation is calculated? Here is the answer; there are professionals and experts who use their methods and tools to calculate pain and suffering compensation in Canada.
Accidents that are caused by someone else’s negligence can cause you to go through dire straight. Every day someone is suffering the pain from an accident like that. People don’t just get hurt physically, but they also go through mental suffering. Not all suffering can be calculated by money.
In this article, we will provide you with all the information regarding the suffering and pain compensation in details. Here we will give you an idea about what to do? And how it is done? And make you more aware of being safe and getting what is rightful to you.
What is Pain and Suffering Compensation, and Why It Is Necessary?
Pain and suffering is financial compensation for going through the pain and suffering caused by someone else’s ignorance and negligence.
Pain and suffering compensation is a legal right. Someone who went through pain and suffering from any kind of accident caused by the negligence of others deserves this compensation. The reasons why this compensation is essential are
Treatment Expenses
After going through a traumatizing accident, you may end up being injured. Your injury may require immediate medical attention. After that, you may also need to continue taking treatments. Taking treatment to be healed will make a dent in your wallet. Several insurance policy are there for you to provide legal support and compensation for your losses. We have described insurance claim process so that you can understand how everything works after getting injured in an accident.
Missing on Salary, Bonuses, and Promotions
If you are injured from an accident you may not be able to go to your work for that, you will missout on your salary and wages. Missing on wages can make you go through financial problems. For this, you may end up missing a promotion or bonuses.
Missing going to work will create a gap in your uprising career. And when you get back to work, you may have to restart your career again.
Mental Trauma
If an accident injures you, then you will not only lose money, but you will also have to go through a lot of pain. You may end up getting traumatized or feel under-confident for many reasons like your injuries or the loss in the career for the accident.
There Can Be People Dependent On You
You may have old parents and other family members, such as a wife or children who are dependent on you. People dependent on you will also go through the financial suffering for the accident and suffer with you.
The Standard Methods for Calculating Pain And Suffering
The method of calculating pain and suffering varies from one incident to another. Each incident or accident is unique and has unique problems. That is the primary reason why the method of calculating pain and suffering compensation can vary.
The cases that go for a trial, in court take a different turn. After the trial is made, the judge decides the amount of compensation that will be given to the victim.
Two methods that determine the compensation of pain and suffering are:
The Pain and Suffering Multiplier Method
In the multiplier method, compensation of the damages done to the victims is added all together and then multiplied. These damages include
- Medical bills
- property damages
- lost wages
All of these losses are added up and then multiplied by the number that can vary from 1.5 to 5. The pain and suffering multiplier that ranges from 1.5 to 5 is determined through negotiation. It is also based on the intensity of the damages or the severity of the pain of the victim. The primary factors in determining the multiplier are
- The severity of the pain and suffering
- The nature of the injuries
- The impact on day to day life
- How much liability the other party had in the incident
Daily Payment
Daily payment is the other method of paying compensation. Here the compensation is fixed by the daily rate. And the victim gets his or her compensation daily. Often the daily rate is determined by the income per day of the victim before the accident.
This daily raid has to be paid to the victim until his pain and suffering are gone and the victim completely recovers.
How is Pain and Suffering Determined?
People who are severely injured and in need of claiming their suffering and pain must also go through a verbal threshold which was created by Canadian law. These laws were made to discourage all citizens from pursuing lower remissness claims.
To determine the pain and suffering compensation, an expert will be called to help the judge to determine the compensation. The expert then can provide a better understanding of the mental and physical pain and the extent of it. They also determine the amount for the victim’s treatment.
Then a witness will be called for further judgment. The witness will be called to explain how the victim is suffering and not being able to live a normal, enjoyable life.
The experts also use a pain and suffering compensation calculator that can also calculate non-numerical factors to calculate compensation in numerical terms.
Contact Your Lawyer
The negligence tort law of Canada states that two private parties can claim pain and suffering compensation. And when one party proves that or she suffered from pain for the fault of another party, then the other party will have to pay.
When you are involved in an accident, it is wise to contact a personal injury lawyer. A lawyer is a professional who can help you with any problem in terms of the law. A lawyer will know everything about the compensation, and they can also calculate pain and suffering.
Being in touch with a lawyer will ensure that you are not missing out on what you deserve. Without a lawyer, you may not be able to get what you deserve because the other party can sabotage you and cut your compensation.
Final Word
Now you know all the essential information about the compensation of pain and suffering. Hence if you face any sort of problem, then you know what to do to get your claims. Every one of us wants to stay safe. But our safety is not in our hands all the time. Some we end up suffering for the ignorance of another person.
That is why it is necessary to have a clear idea about pain and suffering compensation and thinking of you we have written this article. Our only hope and wish that you can stay safe and if you face trouble then you can get what is rightfully yours. Have a great day, stay safe.
