Calculating Compensation for Pain and Suffering
Calculating your compensation for pain and suffering can be challenging. In Ontario, damages for pain and suffering refer to the amount of compensation an accident victim should be compensated for because of the pain and suffering the person has endured and most likely will continue to endure. Pain and suffering damages can be awarded for the future, for the present, or the past, depending on the personal injuries, when they happened and how serious and life-altering they are. More specifically, if a person was in a car accident, remained in pain for an entire year, and is only now settling the claim with the insurance company, they would likely get compensation for pain and suffering damages for the whole of the year they were in pain.
What Are Damages for Pain and Suffering?
As a personal injury lawyer, I help accident victims obtain an expert opinion that states whether or not this pain and suffering will have lifelong implications and if so, help them get the maximum lifelong compensation they will need. Notably, future damages are more difficult to obtain than past or present damages, because victims cannot have personal documentation of their future pain, but that is where the help of an injury lawyer comes in. An accident victim can have documentation, i.e., medical records, video, pictures etc, of present or past pain. One of the difficult parts of settling an Ontario personal injury claim is that unlike medical bills, or lost wages, pain and suffering will cost a person an undetermined amount of money and compensation.
How Much Is Pain and Suffering Worth?
The amount is open to interpretation. So how do people generally place a dollar value, when requesting a settlement from an insurance company? Many insurance companies take each personal injury and assess it based on individual merit. Some insurance companies use calculating software programs to determine payout amounts. Other insurance companies base the amount they will pay out generally on how much they have paid on past similar personal injury cases and circumstances. There are many different theories on the methods for calculating pain and suffering. The main thing to remember is each case is unique and what’s most important is that above all accident victims get maximum compensation. Some insurance companies try to determine how many days you have or will endure pain and how much each of those days of pain is worth in dollar value. Then multiply the number of days by the amount you valued the pain and suffering. This is precisely why a top lawyer is essential. I have had many accident victims come to me who really needed my help. They tried working directly with their insurance companies but realized that it was complicated and got the feeling that the insurance company wasn’t necessarily looking out for their best interest.
