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What are pain and suffering damages?  What is the maximum pain and suffering award in Ontario?

Injuries that are caused by the negligence of others can lead you to miss time at work and cause other financial liabilities.  The person at fault and/or their insurance company can be held responsible for these types of damages.  But in addition to provable losses, you may also be entitled to compensation for pain and suffering.

If you are injured due to the negligence of others, you may have a claim for pain and suffering damages, which refers to the physical and psychological distress that you may feel as a result of your injuries.  The Supreme Court of Canada placed a limit on the amount of pain and suffering damages that a person can receive.  When adjusted for inflation, that amount is approximately $353,561 for the most severe cases.

In many civil cases, the goal is to return the victim to where they were financially before the accident. Because it's impossible to put a figure on what someone's happiness is worth, calculating damages for pain and suffering can be difficult.  Often, judges will look for an amount that they feel is fair, depending on the severity of the pain and suffering endured by the victim.  Factors that can influence this decision can include the type of pain and suffering and the duration.  Those who are permanently injured may be entitled to a higher amount of compensation compared to those who have endured more short-term pain and suffering.

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