Pain and Suffering Lawyers Help Gain Financial Recovery


Pain and Suffering Lawyers in Ontario can Seek Claims for your Mental-Emotional Distress


If you have been injured in an accident, then you understand that the distress after the event is more than just physical. Often the mental-emotional suffering and the challenge of meeting financial obligations are just as difficult to manage in recovery. Pain and suffering lawyers can advocate on your behalf through the system, but it is also important that you educate yourself on some the facts.


Unlike the United States, our legal system has award limitations to control the cost of insurance and to minimize the incidents of frivolous and expensive litigation. Fortunately, the Ontario courts do take into account the distress, pain and suffering both physically and mentally – like Post Traumatic Stress Disorder (PTSD).


How financial awards are determined

There are three types of compensation available to accident victims in the Ontario judicial system: damages to personal property; income loss and medical care cost recovery; and pain and suffering. Ontario Tort law was established to re-balance the harm done to a citizen by determining the degree of negligence of the defendant, the extent of the injury to the victim, and the compensation to be paid to the victim; with the intention of restoring their life to where it was prior to the accident. There are limitations, and your legal advisor will help you to understand those that affect your specific case. 


General Damages versus Special Damages

There are two types of awards in a personal injury case: ‘general’ damages and ‘special’ damages. Special damages are those that can be directly attributable to the accident and quantified – such as lost wages and medical bills. An example of general damages is the pain and suffering that you experience as a result of the healing, recovery, and any longer term effects.


Pain and Suffering

Pain and suffering is defined as the physical and mental stress that is experienced after the trauma of an accident. These claims are more difficult to prove, and attaching a compensation figure is often compared with past similar cases in the Ontario Court System.

To support your claims, it’s important to document the physical and mental-emotional pain and suffering with as much detail as possible; including frequency, intensity and duration. Reporting those details to your medical and rehabilitation providers to record - helps support the case that your lawyer will make on your behalf.

After your initial medical care, seek legal advice. Experienced personal injury lawyers are an invaluable resource to help you on the road back to recovery. They help you to navigate the complicated insurance and legal systems, negotiate, and if necessary litigate in court on your behalf.

Remember, most personal injury lawyers will work on a "we don’t get paid, if you don’t” arrangement, so they are highly motivated to work hard for you and your cause.

Compensation will not fully restore your life back to normal, but attaining the peace of mind that comes from professionals looking out for your best interests eases the stress on both your mind and your body.