In addition to economic losses, slip and fall accident victims in Ontario may also be entitled to compensation for non-economic damages, also known as general damages or damages for pain and suffering. These damages aim to compensate the victim for the physical and emotional pain, suffering, and loss of enjoyment of life caused by their injuries. Let’s explore how general damages for pain and suffering are calculated and awarded in slip and fall cases:
- Physical Pain and Suffering: General damages for pain and suffering compensate the victim for the physical pain, discomfort, and inconvenience caused by their injuries. This includes ongoing pain, limited mobility, physical impairments, and other adverse effects on the victim’s quality of life resulting from the slip and fall accident.
- Emotional Distress and Mental Anguish: Slip and fall accidents can also take a toll on the victim’s emotional well-being, leading to feelings of anxiety, depression, fear, and emotional distress. General damages for pain and suffering aim to address the emotional impact of the accident on the victim’s mental health and overall sense of well-being.
- Loss of Enjoyment of Life: Victims of slip and fall accidents may experience a diminished ability to enjoy life’s pleasures and engage in activities they once enjoyed due to their injuries. General damages for pain and suffering compensate the victim for the loss of enjoyment of life caused by the accident, including limitations on recreational activities, hobbies, and social interactions.
Calculating general damages for pain and suffering involves assessing the nature and severity of the victim’s injuries, the duration and extent of their pain and suffering, and the impact of the accident on their overall quality of life. While economic losses such as medical expenses and lost wages can be calculated based on tangible financial losses, general damages for pain and suffering are more subjective and may vary depending on the individual circumstances of each case. Case law (past cases) serve as a basis for calculating general damages, although each case is unique.
In summary, slip and fall accident victims in Ontario may be entitled to compensation for general damages for pain and suffering to address the physical and emotional toll of their injuries. These damages aim to provide financial compensation for the victim’s pain, suffering, and loss of enjoyment of life resulting from the accident.
