Pain And Suffering

This is a non-economic loss for which recovery may be available against the wrongdoer in a lawsuit. An example of such is when you are in a car accident. You are not at fault. You suffer an injury that causes you pain and because of the pain you suffer. The person who is at fault will be held responsible. You will be paid for this pain and suffering.

Pain and suffering is considered non-economic as it is not "real property" in that you cannot define it the same way you can a piece of property.

When there is a claim for pain and suffering then the court will have to determine the extent. Was it short term or is it going to be a life-long condition? The reports called upon could include those from your doctor, chiropractor, massage therapist or physiotherapist.

The idea behind the capping of soft tissue (whiplash-type) injury claims was to reduce large claims for smaller injuries. The Supreme Court has ruled that this is not valid in Alberta with its limitation of $4504. Other provinces such as New Brunswick are also undergoing challenges on the caps they wish to impose.

If you have been injured in a car accident and you are suffering from pain then you are well advised to attend all doctor's appointments. Keep accurate records of your physical challenges and medications required for pain management.

Your adjuster for your insurance company will help you with the Accident Benefits portion of your policy. This will help with some of the more immediate costs and attempts to restore you back to your normal health.
News update - October 3, 2009
Here we go again! Alberta’s minor injury cap question is back. This time it is the docket of the Supreme Court of Canada.

The original cap challenge accident victims have filed leave to appeal the Alberta Court of Appeal’s decision upholding the $4,504 cap. Now the Supreme Court decides if that they will grant the leave or deny it.

If the Surpeme court panel decides to review the decision then the hearing will likely not take place until 2010. If the answer is no, then that is the end of the matter. The cap continues without concern of court overturn.