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Pain & Suffering

  • Published by Hergott Law,

If I have a devastating injury, but essentially recover perfectly, how will the court assess my pain and suffering?  I don’t really have ongoing pain, but there’s a chance I might need another surgery – how does that factor in?

  • Published by Hergott Law,

How does the court assess pain and suffering?  What if I’ve been able push through my symptoms and carry on with my life, but only because I grit my teeth and get through it? In reasons released this week, the

  • Published by Paul Hergott, Personal Injury Lawyer,

My physical pain is not disabling but the incident has had a significant impact on my emotional well-being. I can take part in most of my recreational activities but I am more susceptible to anxiety and depression now than I

  • Published by Hergott Law,

I was disabled prior to my car crash, but things are much worse now.  Will the court take my pre-existing problems into account when assessing damages? In reasons released this week, Justice Hinkson discussed the case of a woman who

  • Published by Paul Hergott, Personal Injury Lawyer,

Is it necessary for a psychiatric expert to medically diagnose a psychiatric illness in order for me to receive compensation for the psychological impacts a motor vehicle crash has had on me? Today’s case is a Supreme Court of Canada

  • Published by Hergott Law,

If I am injured in a crash, will my failure to wear a seatbelt impact my ability to recover compensation for my injuries? What if the defence cannot prove that a seatbelt would have made any difference to my injuries? In

  • Published by Paul Hergott, Personal Injury Lawyer,

I have a suffered a loss of self-esteem as a result of a motor vehicle crash and it has negatively impacted the relationship with my spouse. Will a court compensate me for these impacts on my life? In the case