Compensation for pain, suffering and loss of enjoyment of life is generally referred to as non-pecuniary damages. Unlike lost income or treatment expenses, these losses do not have a calculable dollar value. Instead, the courts consider how the injury has affected your life as a whole.
This is important because two people with similar injuries may receive different awards based off the impact the injuries had on their lives. The question is not simply what injury did you sustain? It is also how has that injury impacted your life and ability to do things that your otherwise would have continued to been able to do?
What are pain and suffering damages?
Pain and suffering damages compensate for the non-financial effects of an injury. Depending on the circumstances, this may include:
- Physical pain and discomfort
- Emotional and psychological effects
- Loss of enjoyment of life
- Inability to participate in hobbies or activities
- Inability to complete activities of daily living
- Changes to relationships and daily routines
- Long-term or permanent limitations
Pain and suffering are only one potential part of a personal injury claim. Depending on the circumstances, a claim may also include income loss, treatment costs, care expenses and other eligible losses.
How are pain and suffering damages calculated?
There is no fixed formula for calculating pain and suffering compensation. Instead, several factors can influence an award.
1. How serious is the injury?
The nature and severity of your injury are important. A temporary injury that resolves will be assessed differently from chronic pain, a serious fracture, brain injury or another condition that creates long-term or permanent limitations.
2. How long will the injury affect you?
Duration and prognosis also matter. An injury expected to be fully resolved will have a different value from one that causes symptoms for years or permanently.
Medical records and expert evidence where appropriate can help establish the nature of an injury, treatment received and expected recovery.
3. How has your life changed?
This is particularly important. Consider two individuals suffer from an injury to their right hand that limits their ability to grip, lift, and carry items they otherwise would have been able to do. This injury impacts their fine motor skills with that hand. For one individual, it could have been their dominant hand that they used for writing, painting, or even for their employment such as a chef or a teacher. This individual’s life would obviously be impacted greater than another individual who is left-handed, may not use their right hand for as much, as is able to function more or less as they did before using their dominant hand.
Another example is that of an athlete who has trained their entire life to compete and earn a living using their body suffering a gruesome leg injury that ends their career short and impacts their self-sense of worth. Compare that to an individual who has the same injury and recovery period but is able to work from home and apart from the obvious pain and recover period, otherwise returns to their pre-injury status upon recover.
The injury may be similar, but its impact on quality of life is different.
That is why courts assess the injured person’s individual circumstances rather than assigning a predetermined dollar amount to a diagnosis.
4. What courts have awarded in similar cases?
Past court decisions can help lawyers and courts assess appropriate compensation by looking at cases involving comparable injuries and circumstances.
However, those decisions are guides, not price lists. Every claim depends on its own facts and evidence.
What evidence can help support a claim?
Evidence is crucial in establishing both the injury and its effect on your life.
Useful evidence may include:
- Medical records documenting your injuries and treatment
- Expert evidence, where appropriate, regarding diagnosis and prognosis
- Photographs and incident records
- Witness evidence from people who have observed changes in your abilities or lifestyle
- Treatment and rehabilitation records
- Financial records relating to eligible losses
How Watson Goepel LLP Can Help
Determining what your pain and suffering claim is worth requires more than identifying an injury. It involves understanding the medical evidence, how the injury has affected your life and what compensation may be available under the law.
Watson Goepel’s Vancouver personal injury lawyers have more than 25 years of experience assisting injured people and represent clients throughout British Columbia. The team helps clients understand their legal options, gather evidence and pursue compensation for eligible losses.
Frequently Asked Questions
There is no standard amount or chart. Pain and suffering damages are assessed according to the individual circumstances of the injured person and the evidence supporting the claim.
There is no official calculator that can accurately determine the value of an individual claim. Previous court decisions can provide guidance, but each case is assessed on its facts.
No. The length of an injury can affect the amount awarded, but an injury does not need to be permanent for non-pecuniary damages to be available.
Depending on the case, compensation may also be available for income loss, out of pocket treatment expenses, care costs and other eligible losses.
Disclaimer: This content is provided solely for informational purposes and is not intended for use in any legal proceeding. You should consult a qualified lawyer for advice tailored to your specific circumstances.
