Are Pain and Suffering an Essential Component of Personal Injury Law?

For any personal injury lawyer and their legal teams, the concept of pain and suffering is an essential component in the cases that they represent.  Whenever someone has been injured in a motor vehicle or a slip and fall accident that occurred because of another person’s negligence, they will usually file a claim for damages in Mississauga.  If they are awarded damages (compensation), this will pay for their lost income, medical expenses, and any pain and suffering that is attributed to their injuries.

 

Furthermore, the fact that your injuries have caused you a great deal of discomfort in no way guarantees that you will be compensated for your pain and suffering.  From a legal perspective, pain and suffering is emotional as well as physical.  While certain damage claims, such as lost income or medical expenses, are easy to quantify, others are not.  Personal injury laws that apply to pain and suffering allow injury victims (plaintiffs) to receive compensation for their anguish and emotional distress.

 

How Pain differs from Suffering

 

A personal injury lawyer in Mississauga knows that there are numerous injuries that can leave a person suffering with chronic pain as well as overwhelming emotional stress.  From a legal perspective, pain and suffering are two different things even though it is treated as a single claim.  Pain is described as a physical sensation that you suffer with.  This includes aching muscles, sharp abdominal pains, or a throbbing knee.

 

Conversely, suffering is described as the emotional or psychological aspects that are attributed to your injuries.  For example, if you become severely depressed because of your injuries, that is considered suffering.  Suffering is attributed or connected to pain.  For instance, you could be stressed out and worried because you have been in chronic pain since your accident and medical treatment.  Interestingly enough, suffering is not always attributed to pain.  For instance, you could be traumatized by a family member dying in the same accident.

 

How do You calculate Pain and Suffering?

 

As was mentioned above, pain and suffering can be difficult for a personal injury lawyer in Mississauga to quantify or calculate because it is not a tangible entity.  So unlike lost income or medical expenses, it is somewhat vague.  Since no two personal injury cases are ever alike, the compensation awarded for a person’s pain and suffering will vary from one claim to the next.

 

You will have a greater chance of filing a successful claim for pain and suffering if your injuries are well documented and you have received proper medical care.  Additionally, your chances of being successful will improve with documents that detail your diagnoses, injuries, and medical treatments.  Be aware that Canadian citizens must also pass a verbal threshold when seeking compensation for their pain and suffering. It is best to let an expert lawyer handle the details and guide you through the complexities of legal jargon.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

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