Home » What Are Pain and Suffering Damages in Alberta?

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Knowing where to turn can be difficult when a car, motorcycle, or other accident causes serious injury to you or a loved one. At Chadi & Company, we have been fighting passionately for injury victims in Alberta since 1991. We understand that your life has been unfairly disrupted, and we want to help you obtain the compensation you deserve. Whether you are injured in a slip and fall or a motor vehicle accident, our compassionate legal team can protect your rights and get you on the road to recovery as quickly as possible.

Pain and Suffering Damages

How are pain and suffering damages calculated?

When it comes to accident cases, it’s nearly impossible to define pain and suffering. After all, every case is different, and the pain and suffering of each victim vary. The law defines pain and suffering as a person’s mental and physical anguish from an injury.

Economic damages— medical bills, lost income, etc. — can be calculated. On the other hand, measuring pain and suffering is not as simple. Alberta has no concrete formula for determining how much a victim deserves for pain and suffering.

Since pain and suffering will vary from person to person, an injury lawyer’s job is to present as much evidence and witness testimony as possible to establish the full extent of pain and suffering their client is experiencing.

As a result, your lawyer must show that you have symptoms that have affected your life and caused you further pain and suffering.

Examples of pain and suffering from an accident include:

  • Diminished physical capability
  • Fragility and exhaustion
  • Diminished sexual function
  • Depression and anxiety
  • Inability to complete basic tasks
  • Cognitive impacts
  • Psychological distress
  • Decreased socialization
  • Inability to enjoy or engage in hobbies

Suppose you are claiming that you suffered pain and suffering. In that case, you may be required to provide evidence in the form of documentation from doctors, testimony from co-workers, family, or friends, or anything else that can establish your sustained physical or mental anguish due to the accident.

What are the limits of pain and suffering damages?

The maximum amount of pain and suffering compensation you can recover in Alberta, Canada, is capped at $5,296 — as of 2020 — so long as the injury does not cause “serious impairment.”

Any injury that causes “serious impairment” is excluded from this cap. Conditions such as bone fractures, disabilities, permanent injuries, and mental anguish fall under “serious impairment,” meaning you can claim compensation in excess of $5,296 for such conditions.

That said, the cap in Alberta on the maximum amount that can be claimed for “serious impairment” related to a personal injury claim is $370,000.

However, it is important to recognize that the cap does not restrict the total compensation of your injury case — only the amount for pain and suffering in personal injury actions that involve auto accidents in Alberta, Canada.

Due to the complexities associated with determining damages related to “pain and suffering”, it is crucial that you contact an experienced personal injury lawyer who can ensure that you are not unjustifiably subject to the rigidity of the caps on compensation.

Do pain and suffering include the mental anguish experienced by the family because of the injury?

The short answer is yes. Any non-physical damage that results from the accident or injury, including emotional distress or mental anguish, could be considered pain and suffering under a legal claim.

Why should you consult with an Edmonton pain and suffering lawyer?

If you are injured in a slip and fall, car, motorcycle, or trucking accident in Alberta, it is vital that you consult with a skilled lawyer. Without legal guidance, you may not receive the full compensation you are owed. An experienced injury lawyer can quickly assess your case, determine if your claim has merit, protect your rights, and help you recover the maximum amount of reimbursement entitled to you by the law.

Contact Chadi & Company Today

If you are injured in any type of accident in Alberta, the skilled legal team at Chadi & Company can help. With more than three decades of experience serving Alberta injury victims, we know how to get you the compensation you are owed. Whether you are suffering from PTSD, emotional distress, or any other injury, our lawyers can provide you with compassionate counsel at every stage of your claim. For more information about filing a personal injury claim in Alberta or to speak with one of our skilled accident lawyers, call or contact us online.

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