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Personal Injury Pain and Suffering Claims

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Personal Injury Pain and Suffering Claims

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

When somebody is injured due to the negligence of others, whether the injuries stem from a motor vehicle accident, a slip and fall accident, a dog bite, a defective product or some other incident, that person can claim compensation for pain and suffering. Lawyers often refer to this compensation as non-pecuniary general damages (to contrast them with pecuniary losses such as income loss, medical expenses, etc.)

Some people aren’t aware that the Courts have put an upper limit on pain and suffering damages. In fact, many new clients have asked us about the famous American case of a woman who received burns from extremely hot McDonald’s coffee. While those new clients were aware that the woman received a seven figure award for her pain and suffering at trial, they aren’t aware that the award was reduced on appeal to a much lower, six figure amount. Furthermore, they don’t know about a trilogy of cases in Canada in 1978 which set an upper limit on pain and suffering awards. With inflation, that limit today is slightly over $360,000, and that level of compensation would be reserved for cases involving quadriplegia and other types of very, very serious injuries.

Clients often wonder about what amount of compensation they will receive for pain and suffering and the short answer is: it depends. Obviously, the more serious an injury, the more compensation a person will receive. Age is another factor, as most Courts will award more to a younger person who is injured than one who is older. That is because the younger person will suffer with his/her injuries for a longer period of time than a senior citizen. There are some cases where judges have strayed from this general rule, citing the fact that some seniors have had their “golden” (retirement) years ruined by an unnecessary accident.

Another factor that affects a pain and suffering award is the degree to which the injured party was responsible for his/her own injuries. For example, a person severely bitten by a dog will receive compensation for their emotional and physical injuries, but if he/she were attacked by the dog because he/she had been kicking it, then the compensation would be reduced by the Court’s analysis of the extent to which the injured party brought the attack on themselves. This is referred to as “contributory negligence”. Another example would be a person who falls through an open manhole while walking. In such a case, the Court may hold the City 50% responsible for not replacing the manhole cover, and hold the pedestrian 50% at fault for not looking where he/she is walking.

There are special factors involved in motor vehicle accident damages that victims need to be aware of. One is the fact that money for pain and suffering is only available in cases where the injured party suffers long-term disfigurement or physical or psychological injuries, where the disfigurement or injuries have a serious affect on his/her daily life. This is often referred to as “the threshold test”. Therefore, if you are hurt, but fully recover within a few months’ time, you may not be eligible for pain and suffering compensation, no matter how much you suffered in those few months.

Another factor is a statutory-based deductible, which is currently $30,000 where pain and suffering compensation is assessed at trial at $100,000 or less. What this means is that a jury awarding you $85,000 for your pain and suffering lets you walk away with only $55,000. To make matters worse, the recent Ontario government budget has amended the deductible so that it is indexed to inflation, meaning that it will grow as years go by. This will result in even lower net figures to innocent accident victims.

If you are hurt due to somebody else’s negligence, whether in a car accident or otherwise, speak to an experienced personal injury lawyer right away. Our firm’s lawyers know how to utilize experts to build up your case and maximize the damages you are ultimately awarded for pain and suffering, and also how to minimize or eliminate any reduction in your award for contributory negligence or the statutory deductible.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO BY HIMELFARB PROSZANSKI LLP

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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Toronto Disability Lawyers
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton Disability Lawyers
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton Disability Lawyers
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener Disability Lawyers
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa Disability Lawyers
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

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