Each claim is different. The amount of your entitlement for pain and suffering is based upon several principals: precedent or what other judges have awarded for injuries of a similar nature to yours will be taken into account in determining the size of the award.
Limitations set by the Supreme Court of Canada (the trilogy cases) in 1975 confirm that the maximum amount of money available for pain and suffering or “non-pecuniary damages” (damages that cannot be measured in money), was $100,000 in 1975. Indexed for inflation that figure now approaches $270,000.
That award will be made in the case of a young infant who has been rendered a high level quadriplegic with a full life expectancy and complete mental awareness (understands the reality of his/her circumstances). All other claim will be determined in a court of law based upon reference to that benchmark. All negotiations among lawyers or insurance companies will be based upon an understanding of what might occur if the matter were to be before a court of law. Note, however, that this is for pain and suffering only. All other “heads of damage” will accrue in addition to this amount.