General Damages | pain and suffering lawyers

General damages refer to monetary compensation awarded for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These non-monetary losses often stem from accidents caused by someone else’s negligence or gross negligence. Unlike special damages, which compensate for specific expenses like medical bills and damaged property, general damages address the immeasurable suffering a person endures as a direct result of their injuries.

Non-pecuniary losses

Non-pecuniary losses are those that cannot be accurately expressed in monetary terms, including:

• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Loss of companionship

In personal injury cases, victims may seek compensation for these non-pecuniary losses, as well as pain and suffering. But how do courts assess these intangible losses in personal injury claims?

Emotional distress, for instance, is evaluated by providing evidence of the symptoms experienced and illustrating that the distress is a direct outcome of the accident. Meanwhile, loss of enjoyment of life is typically assessed by evaluating the effect of the injury on the injured person’s capacity to engage in activities they previously enjoyed. The law recognizes the significance of providing compensation for these non-pecuniary damages, acknowledging their impact on an individual’s overall quality of life.

Comparison with special damages

While general damages compensate for intangible losses, special damages address monetary losses with a quantifiable value, such as:

• Medical expenses
• Lost wages
• Future medical expenses
• Unique injuries sustained in an accident

Thus, special damages, also known as pecuniary damages, focus on the financial losses stemming from an injury, while general damages encompass intangible losses.

For example, imagine a car accident victim who suffers a broken leg and subsequently experiences severe emotional distress. Their special damages would cover the medical bills for treating the broken leg, lost wages due to time off work, and any property damage from the accident. In contrast, general damages would compensate for the emotional distress and loss of enjoyment of life resulting from the accident and its aftermath.

Factors Influencing General Damages Awards

Several factors influence the amount of general damages awarded. These include the extent and type of injuries, the effect of the injuries on the individual’s daily routine, and the duration of the healing process.

We’ll now examine these factors and their impact on general damages awards.

Severity and nature of injuries

The amount of general damages awarded is directly proportional to the severity and nature of injuries. For instance, severe injuries such as:

• Traumatic brain injuries
• Amputations
• Blindness
• Chronic pain conditions

In a personal injury case, the severity of an injury is evaluated based on factors such as the type of injury, its potential long-term effects on the individual, and the degree to which it impairs their ability to perform everyday activities. This evaluation can result in higher general damages awards and influence the outcome of a personal injury claim.

Moreover, the nature of the injury significantly influences the determination of general damages. Variations in injuries can result in different levels of discomfort, distress, and long-term effects. Courts take these factors into account when determining the compensation amount to ensure that the injured person receives fair and adequate compensation for the harm they have suffered.

Impact on daily life

General damages awards are significantly affected by the impact of injuries on daily life. Some elements that are often considered when assessing general damages include:

• Reduced enjoyment of life
• Inability to take part in activities
• Physical pain
• Disfigurement
• Loss of amenities or enjoyment of life
• Loss of identity associated with work performed in the home

These factors play a crucial role in determining the amount of general damages awarded.

For instance, a person who suffers a spinal cord injury in a motor vehicle accident may experience chronic pain, difficulty in performing daily tasks, and a decrease in their ability to engage in hobbies they once enjoyed. These factors are taken into account when determining the amount of general damages awarded, as they reflect the degree of pain, suffering, and loss of enjoyment of life experienced by the injured party.

Duration of recovery

The length of recovery also has an impact on the amount of general damages awarded. Generally, a longer recovery period is associated with a higher award for general damages, as it is an indicator of the degree of pain, suffering, and loss of enjoyment of life experienced by the injured party.

For example, a person who suffers a traumatic brain injury may require extensive rehabilitation, including physical therapy, and ongoing medical treatment, resulting in a prolonged recovery period. This extended recovery time would likely lead to a higher general damages award, reflecting the long-term impact of the injury on the individual’s life.



Calculating General Damages

Quantifying intangible losses and relying on expert witnesses and past case references makes calculating general damages a challenging task.

We will now delve into these challenges and the methods used to calculate general damages.

Difficulty in quantifying intangible losses

General damages are difficult to quantify due to their intangible nature and the lack of specific monetary values associated with them. In personal injury cases, intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life are not readily discernible or easily quantifiable in monetary terms.

Several approaches can be employed to assess intangible losses in personal injury cases, including:

• Assessing the effect on quality of life
• Evaluating emotional distress and mental anguish caused
• Analyzing the loss of enjoyment of activities or hobbies

Despite these methods, calculating intangible losses remains a complex process, often requiring expert testimony and reference to past cases to determine a fair compensation amount.

Role of expert witnesses

The justification of general damages awards heavily relies on the input of expert witnesses. In general damages cases, the following experts are commonly employed to provide insight to the judge or jury on the value of general damages:

• Damages experts
• Medical experts
• Economic experts
• Accident reconstructionists

Their testimony helps the court understand the extent of the plaintiff’s suffering and the impact of their injuries on accident victims.

Expert witnesses may analyze factual evidence, documents, and witness statements to determine the extent of damages in a personal injury case. Expert reports and data analysis may also be employed to determine the extent of damages. Ultimately, the testimony and skillful presentation of expert witnesses are critical in proving and quantifying intangible losses in general damages cases.

Reference to past cases

To ensure consistency in general damages awards, courts commonly use past cases with similar injuries as a reference. This helps maintain uniformity and predictability in the legal system, making it easier for lawyers and clients to estimate general damages awards based on past cases and precedents.

For example, when determining general damages in a personal injury case involving a broken leg, courts may reference past cases involving similar injuries and the awards granted in those cases. By considering these past cases, courts can establish a benchmark for determining the appropriate amount of compensation for general damages in the current case.

Caps and Deductibles on General Damages



Caps and deductibles on general damages may be imposed by jurisdictions, including minor injury caps for motor vehicle accidents and statutory deductibles for certain types of claims. These limitations can affect the amount of compensation an injured person can receive for their intangible losses.

Minor injury caps

Minor injury caps limit the amount of general damages that can be awarded for pain and suffering in motor vehicle accident cases. These caps are jurisdiction-specific and can range from $2,500 to $10,000, depending on the location. The purpose of implementing minor injury caps is to regulate the amount of compensation allocated for pain and suffering damages, addressing the issue of increasing insurance premiums and the growing number of claims and related awards for pain and suffering.

It is worth noting that minor injury caps only affect damages related to pain and suffering and do not limit other damages such as out-of-pocket expenses or rehabilitation costs. This balance aims to provide fair compensation to injured individuals while controlling the overall costs of the tort system.

Statutory deductibles

Statutory deductibles are set by regulatory authorities and may apply to general damages awards below a certain monetary threshold. For example, in Ontario, the monetary limit for non-pecuniary damages is $147,889.59. If a personal injury award is less than the deductible amount, the claimant may not receive any compensation.

These deductibles serve to balance the interests of injured parties and insurance companies, ensuring that only claimants with more severe injuries receive compensation for their non-pecuniary losses. This helps control the overall costs of the tort system while still providing a measure of financial relief to those who have suffered significant harm.



The Role of a Personal Injury Lawyer

Personal injury lawyers are crucial for:

• Providing legal advice and representation
• Ensuring their clients receive maximum compensation
• Navigating the complexities of the legal system
• Fighting for the rights of those who have suffered personal injuries

They have the knowledge, experience, and skills necessary to fulfill these roles.

Legal advice and representation

Personal injury lawyers provide the following services:

• Advice on legal rights
• Guiding clients through court processes
• Offering representation in court
• Facilitating evidence gathering
• Drafting legal documents such as the Notice of Action
• Conducting discovery
• Representing the client during negotiations and settlement talks
• Providing counsel and representation during trial if required.

In addition to their legal expertise, personal injury lawyers possess the following skills:

• Investigative skills
• Research skills
• Communication skills
• Empathetic skills

These skills are essential in understanding the unique circumstances of each case and effectively representing their clients. By hiring a personal injury lawyer, injured individuals can ensure they receive the best possible outcome in their case, whether through negotiation, settlement, or litigation.

Maximizing compensation

To maximize compensation, an experienced personal injury lawyer evaluates unique circumstances, gathers evidence, and advocates for the highest possible award. They assess the situation by considering factors such as:

• the extent of the injury
• long-term consequences
• disruption to the victim’s life
• similar cases with analogous injuries

By employing past cases or precedents as a reference, they can ensure fair compensation for the injured party.

Furthermore, personal injury lawyers work tirelessly to:

• Gather evidence
• Interview witnesses
• Prepare legal documents
• Make persuasive arguments to support their client’s position

By providing robust evidence and arguments, they can maximize the compensation awarded to their client and ensure they receive the financial support they need to rebuild their lives after an injury.

Summary

In conclusion, general damages play a crucial role in compensating individuals for the intangible losses they experience due to personal injuries. Factors such as the severity and nature of injuries, impact on daily life, and duration of recovery can influence general damages awards, while the calculation process often relies on expert witnesses and reference to past cases. Caps and deductibles on general damages serve to balance the interests of injured parties and insurance companies, ensuring that only claimants with more severe injuries receive compensation for their non-pecuniary losses. Throughout this process, personal injury lawyers play a vital role in providing legal advice, representation, and maximizing compensation for their clients, ensuring they receive the justice they deserve.

Frequently Asked Questions

What are general damages in Canada?

General damages in Canada are compensations paid for pain and suffering and loss of enjoyment of life, with a maximum amount set by the Supreme Court of Canada from the 1978 case.

What is special and general damages?

Special damages refer to monetary losses such as medical expenses or car dents, which can be calculated and are contrasted with general damages such as emotional distress, which do not have a fixed cost.

What is the general damages cap in Canada?

In Canada, there is generally a cap of approximately $400,000 on the amount an injured person may recover for general damages. This cap was established in 1978 by the Supreme Court of Canada and has been adjusted over time.

What are general damages in personal injury cases?

General damages in personal injury cases refer to compensation for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.



What factors influence general damages awards?

Several factors can affect the amount of general damages awarded, such as the severity and type of injuries sustained, the impact on daily life, and the estimated time of recovery.