In order to recover for your pain and suffering, also known as non-pecuniary damages or general damages, you must file a lawsuit against the driver that caused the accident. Though your auto insurance policy pays your accident benefits, such as medical and rehabilitation care benefits, income replacement benefits, etc., it will not compensate you for your general damages.
Therefore, it is advisable that you speak to a Kingston car accident lawyer to discuss your legal rights and what you need to do to file a claim.
With that said, if you file a lawsuit against the at-fault driver, there is no definitive answer as to how much general damages you may receive. There is no magic formula; however, there are certain factors that would affect the value of your general damages.
Related: What is your Ontario Car Accident Worth in Kingston, Ottawa or Whitby? By an Ontario Car Accident Lawyer
One of these factors is how your life has been affected since the car-truck accident. We need to discuss your daily life before and after the accident. Are you able to care for yourself after the accident? Have normal daily chores become very difficult for you to perform?
You mentioned that you had knee surgery. Your life is probably significantly altered. You are probably not able to do many things you did before your accident, from going to work to doing simple daily chores.
Further, your lifestyle may have changed because of your knee injury. For example, you may not be able to go upstairs to your bedroom due to your limited mobility. Because of your knee injury and surgery, you are not able to go up and down the stairs with ease like before. You may have to stay on the first floor of your home to make it a little easier for you to move around. You may also need to use a walker and crutches to help you move around.
In addition, you may not be able to perform house chores such as cleaning, cooking or washing laundry. You may not even be able to drive a car. Therefore, you may be confined to your home for a significant period of time.
As you can see, one of the factors in determining your pain and suffering depends on the specific facts and circumstances surrounding your daily life. Everyone is different in how they are affected by their injuries.
It is important to note however, that non-pecuniary damages for a personal injury lawsuit are capped at $100,000. This amount was set by the Supreme Court of Canada in 1978 and is adjusted for inflation. In recent years, the amount of non-pecuniary damages has been approximately between $325,000 to $350,000. As of May 2014, the adjusted inflation cap is at $358,405. *Source: McKellar Structured Settlements
Feel free to contact our office to schedule a FREE consultation. We will take the time to answer all of your questions and concerns with regard to filing an auto accident lawsuit in Kingston. 1-866-384-5886