Pain-and-suffering compensation is another term for non-pecuniary compensation. In other words, it aims to cover losses for which money alone cannot compensate. The following situations are examples of loss of the enjoyment of life due to pain and suffering: You...
A recent decision of an arbitrator has confirmed that chronic pain syndrome can be enough to get an accident victim out of the Minor Injury Guideline. Under the guideline accident victims are entitled to significantly reduced medical and rehabilitation benefits....
A decision of the Ontario Superior Court has reinforced that automobile insurers cannot take unreasonable settlement positions in lawsuits. If they do, they may face cost consequences at the end of the day. After a jury verdict was handed down in a chronic pain case,...
Court Concludes that Orthopaedic Insurer Examinations Have Little Value in Chronic Pain Cases One of the more frustrating aspects of practicing in accident benefits law that that insurance companies repeatedly send claimants who have soft tissue, chronic pain injuries...
In Pastore v. Aviva Canada the Court of Appeal ruled that the language of the SABS (Statutory Accident Benefits Schedule) does not require that a claimant be considered markedly impaired in more than one area of life to be...