Among the many classes of damages injured persons can claim for, one is for any pain and suffering which may follow from an injury. Any person suing under this damage heading should be aware that a cap exists as to the maximum amount that a court may grant in their favour.
The ceiling on damages was first established by the Supreme Court of Canada in 1978 in the amount of $100,000, measured in January 1978 dollars. The appropriate cap, at each subsequent date, is calculated based on a formula that takes into account the original ceiling, and the rate of inflation since January 1978.
For example, at the time of this article’s publication in February 2014, using an inflation adjustment factor provided by Statistics Canada, one finds the current ceiling on pain and suffering damages is roughly $350,000.
Pain and suffering is one of many damage headings which may apply to a particular injury. An experienced personal injury lawyer in Toronto can guide the injured person in first, assessing all the potential claims that may apply, and then guiding them through the legal process to obtain the maximum compensation they are entitled to.