Canadian courts do not seem to place much value on the pain and suffering endured by an accident victim. The legal system rationalizes that attitude by claiming that no specific price can be placed on pecuniary damages.
How can a Canadian with a personal injury claim get a fair compensation?
The courts look at earlier decisions, when trying to reach a fair decision on a current case. The court also recognizes the range of damages for which compensation can be requested. The court then creates a type of chart, with different columns representing the different types of damage. One cause of damage gets placed at head of each column. All the damaging consequences from the causative action get listed under that one particular cause.
The causes of damage that head the different columns:
Pain and suffering endured by victim; such pain and suffering might hamper completion of daily activities or hinder the victim’s ability to earn a living.
Cost of medical care: This would include the costs incurred by purchasing medication, special equipment or special services, such as a physical therapist or an occupational therapist. It might also include the money paid for time spent in a rehabilitation facility.
Money lost due to loss of earnings or loss of future income: If the treatment for a given injury did not provide the victim with a permanent solution, repeated corrections could put holes in the recovered victim’s resume. That change would make it harder for anyone to find a job. Human resource departments often disqualify an applicant that has repeated gaps in his or her resume.
As per Alberta laws, each person with a personal injury claim to meet an established threshold, in order to be awarded any form of monetary compensation. Such as:
• Someone that has died has met that threshold; such a person has a permanent impairment to his or her body.
• Someone with a disfigurement or permanent impairment of a physical, mental or psychological function has met that threshold.
• Anyone with a serious impairment has met that threshold, as long as the same impairment causes restrictions on the activities of the affected individual, and those restrictions will not cease.
When does a court decide whether or not the threshold’s imaginary line has been met or exceeded?
Most of the trials that precede the making of such a decision take place 3 to 7 years after a given accident. For that reason, personal injury lawyers in Leduc, encourage their clients to keep a journal. Instances of pain can be recorded in such a journal. The person that is keeping the journal can also write down the extent to which a given pain has managed to disrupt a specific activity.