Discover How Much You Deserve for Pain & Suffering in Car Accident Claims

Car accidents, like vehicle collisions, can have physical and mental impacts. If you’ve suffered injuries caused by a negligent party, you deserve financial compensation for pain and suffering. Identifying how much you deserve is important for a fair settlement since they are hard to measure and vary from person to person.

Canada’s median pain and suffering award is $77,100, half below and half above this amount. But if you seek compensation for car accident injuries in Canada, it can be a lengthy process. 

According to public records on car accidents versus court cases, only a fraction (0.03%) of cases go to court with the help of an attorney for car accidents.

 

Pain and Suffering in a Car Accident

Pain and suffering are non-economic damages that are challenging to quantify with invoices and receipts. You must file a collision report so law offices and the court can assess and verify your personal injury claim. 

Pain and suffering include:

  • Anxiety
  • Mental Suffering
  • Insomnia
  • Panic Attacks
  • Physical Pain
  • Loss of Enjoyment
  • Damage to Reputation
  • Grief
  • Depression

 

Are Your Pain and Suffering Compensable?

To ascertain compensable pain and suffering, courts consider various factors such as:

  • Impact on daily life after the car accident.
  • Changes in mobility after the motor vehicle collision.
  • Sleep disturbances.
  • Inability to engage in hobbies.
  • Maintenance of a fulfilling family or social life.
  • Fulfillment of obligations compared to pre-collision abilities.

 

Proofs of Pain and Suffering 

If your quality of life has declined after a car crash or any form of car accident, you might qualify for monetary compensation. Key evidence to support your claim includes:

  • Accident scene photos, property damage, your condition before and after the incident, and any personal injuries sustained.
  • Statements from family and friends detailing your car accident suffering since the motor vehicle collision.
  • Lists of activities or responsibilities you can no longer engage in due to physical or mental pain following the car crash.
  • A pain journal or other documented accounts of your physical and mental anguish post-collision.

 

Calculating Pain And Suffering

 

Economic vs. Non-economic Losses

Calculating damages in a personal injury case commonly involves assessing economic and non-economic losses. 

 

Economic Losses

Economic damages refer to quantifiable financial losses such as the following:

Type of Economic DamageDescriptionExamples 
Property DamageExpenses incurred for repairing or replacing damaged property, such as damage to the vehicle.Costs to repair a car, or value of a totalled car.
Lost WagesIndemnification for income lost due to inability to work due to personal injury.Paychecks missed, loss of expected bonuses.
Future Earning CapacityPay for the loss of future income if the car accident injury results in permanent disability.Projected earnings lost due to not being able to return to the same job or work at all.
Additional ExpensesOther financial losses directly related to the personal injury, such as transportation expenses, medical expenses, or house modifications (for accessibility).Costs for adapting a home for wheelchair access, travel costs to specialist doctors.

Non-economic Losses

Type of Non-Economic DamageDescriptionConsideration 
Pain and SufferingIndemnification for physical pain, discomfort, and emotional distress caused by the personal injury.Can include compensation for both immediate and long-term suffering.
Emotional DistressCompensation for psychological harm, including anxiety, depression, fear, and PTSD caused by the car accident injury.May require psychological evaluation to quantify.
Loss of Enjoyment of LifePay for the inability to participate in activities and hobbies enjoyed before the injury due to physical limitations or emotional trauma.Assessed based on the individual’s specific losses and changes in lifestyle.
Loss of ConsortiumRemuneration for the impact of the injury on relationships with family members, including loss of companionship, support, and intimacy.Often involves testimony about the quality of personal relationships before and after the injury.
Loss of ReputationCompensation for damage to the injured party’s reputation or standing in the community due to the injury, such as defamation or public embarrassment.Commonly involves cases where an injury leads to public stigma or professional discredit.

 

Damages for Severe Injuries

Injuries resulting in permanent disabilities commonly warrant the highest pain and suffering compensation. These are:

  • Spinal Cord Injuries
  • Traumatic Brain Injuries
  • Neck or Back Injuries 

Even injuries that eventually heal, such as a broken leg or soft tissue injuries, can still entitle you to compensation for the discomfort experienced during recovery. While the amount awarded may be lower, you’re still eligible for compensation.

 

Common Calculation Methods

Insurance companies use various methods to assess pain and suffering in personal injury claims, with two common strategies including:

 

Multiplier Method

This is a common way to calculate pain and suffering damages in an Edmonton car accident case. It involves multiplying the total wages lost by a number (the multiplier) based on the severity of the car accident injuries. The multiplier ranges from 1.5 to 5 or more, depending on factors like the injury’s impact on daily life, the recovery time, and the long-term consequences of the injuries.

Example:

An individual was involved in a car accident and had to take time off work, resulting in a $5,000 wage loss. The injuries were significant but not life-altering, which led to a multiplier of 3 being chosen to calculate pain and suffering.

   $5,000 (lost wages) x 3 (multiplier) = $15,000 for pain and suffering

Based on the Multiplier Method, the individual would claim $15,000 for pain and suffering and $5,000 in lost wages.

 

Per Diem Method

This less common method gives a daily monetary value to the physical and mental pain of accident victims. Finding a fair daily rate is hard, especially for permanent injuries. But a car accident lawyer can help you deal with it in your best interest.  

Example

If a car accident victim experiences ongoing neck pain and headaches following a car accident, an insurance adjuster might assign a daily rate of $100 for the duration of the suffering. If victims endured symptoms for 50 days, they’d be entitled to $5,000 in pain and suffering compensation under the Per Diem method.

The insurer uses the per diem method to calculate pain and suffering based on daily experiences from car accident injuries. They estimate a figure for the suffering and multiply it by the anticipated duration of the auto accident injuries. 

  • The per diem figure might be low and may fail to represent your experience of pain and suffering accurately.
  • An insurance company refuses the claim, assuming you will heal faster than expected.

 

The per diem method is more appropriate for injuries expected to heal, like broken bones. If applied to permanent injuries (i.e., spinal cord injury), it may not adequately compensate for ongoing suffering.

 

Pain and Suffering Average Settlement 

For minor injuries falling under the cap established by Alberta’s Minor Injury Regulation, the maximum minor injury cap increased from $5,817 (in 2023) to $6,061, a 4.2% adjustment. This new amount applies to minor injuries from car accidents in Alberta starting January 1, 2024. 

Settlements for more serious car accident injuries that do not fall under this cap can vary significantly. Depending on the severity of the injuries, their long-term impact, and other losses incurred, they range from tens to hundreds of thousands of Canadian dollars. 

Edmonton car accident settlements could reach millions in some cases involving particularly severe and life-altering injuries.

 

Why Hire a Car Accident Lawyer in Edmonton?

  • An experienced personal injury lawyer guides you in determining the compensation amount to seek for your damages.
  • Your Edmonton car accident lawyer, specializing in personal injury cases, will evaluate the accounts of your car accident experience to assess your claim’s value accurately.
  • Claiming compensation can be challenging without the assistance of a legal team, and insurance companies may attempt to underpay you.
  • Edmonton personal injury lawyers will advise you on accepting offers that align with your rightful compensation.
  • A personal injury is your legal representation that will file a lawsuit for you to pursue the total amount owed to you if necessary.

 

car accidents at edmonton

Get Fair Compensation with Edmonton Car Accident Lawyers

Consult with an experienced car accident lawyer to accurately calculate compensation for motor vehicle accidents. Experienced injury lawyers ensure a thorough evaluation of your damages, guaranteeing you receive the appropriate settlement amount.

By entrusting your case to a professional Edmonton car accident lawyer from Sidhu Personal Injury Lawyers, you can confidently deal with the complexities of the personal injury process and secure the compensation you rightfully deserve. Schedule your free consultation today.

Frequently Asked Questions

Yes, in Edmonton (and across Alberta), there’s a time period for filing a personal injury claim, including a car accident claim for pain and suffering. The Limitations Act of Alberta usually sets this period to two years from the date of the motor vehicle accident or the date car accident victims become aware of their injuries. 

Knowing the deadline is important as you might lose the right to pursue compensation if you don’t file your personal injury claim within this time frame. Exceptions and specific circumstances may affect this period, so it’s advisable to consult with an Edmonton personal injury lawyer for advice.

If an insurance company denies your claim for pain and suffering, you can challenge their decision. This might involve negotiating further with the insurance company, providing more evidence, or, if necessary, taking legal action by filing a lawsuit. A personal injury lawyer can help you seek the compensation you deserve through this process.

Yes, you can claim pain and suffering for a minor car accident if you experienced physical pain or emotional distress as a result. Even in less severe motor vehicle collisions, you may face discomfort, anxiety, or other forms of suffering eligible for compensation. Document your experiences and seek legal advice to know your rights and the potential for a car accident claim.

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