Pain and Suffering in Alberta Personal Injury Claims: Understanding Compensation for Intangible Losses

When individuals are injured in an accident, they often suffer more than just physical harm. The emotional, psychological, and social impacts of an injury can be just as, if not more, debilitating.

In Alberta, personal injury claims can include compensation for these intangible losses, known as non-pecuniary damages or “pain and suffering”. Non-pecuniary damages are a major aspect of personal injury claims, as they acknowledge the significant impact that an injury can have on a person’s quality of life. In this article, we will explore what counts as non-pecuniary damages in Alberta, how they are calculated, and how our personal injury lawyers can help you assess and negotiate these damages.

What Counts as Non-Pecuniary Damages in Alberta?

Most damages are economic (pecuniary) or non-economic (non-pecuniary). They are also known as specific and general damages, respectively. Any party, whether an individual or an organization, that contributed to your injury can be held responsible for compensating you for the full extent of damages resulting from your injury.

In terms of personal injury law, pecuniary damages are tangible losses that you may have suffered due to an injury, such as bills for medication or transportation to and from medical appointments. Income loss would also be a pecuniary loss.

On the other hand, non-pecuniary damages in Alberta include (but are not limited to) compensation for intangible losses such as pain and suffering (physical and emotional), loss of enjoyment of life, and emotional distress.

Non-pecuniary damages include the inability to participate in hobbies or activities that were previously enjoyed and the impact an injury has on relationships with family and friends.

The effects of physical scarring or disfigurement from an injury, if applicable is another example of a non-pecuniary damage.

How Are Non-Pecuniary Damages Calculated?

General damages are applicable in many, though not necessarily all, types of personal injury cases. Calculating non-pecuniary damages in Alberta can be complex and requires a thorough understanding of the law and the specific circumstances of the case.

Determining non-pecuniary damages involves an assessment of the severity of the injury, the impact of the injury on the person’s daily life, and the duration of the injury. The court may also consider the person’s age, health, and lifestyle prior to the injury, as well as any pre-existing conditions that may have contributed to the injury.

In addition, the court may consider the opinions of independent medical experts and other witnesses to determine the extent of the non-pecuniary damages.

Negotiating with Insurers When it Comes to Non-Pecuniary Damages

Negotiating with insurers can be a challenging and intimidating process, especially when it comes to non-pecuniary damages. Insurers typically have significant resources and are motivated to minimize the amount of non-economic damages awarded.

Insurers may argue that the amount of damages you are seeking is too high, the types of losses you are claiming do not apply, or even that the accident causing your injury was your fault.

Having experienced personal injury lawyers can help level the playing field for you. Our team can take care of all negotiations with insurance companies and advocate on your behalf.

We can check what benefits your insurance policy entitles you to, gather evidence, build a strong case, and negotiate a fair settlement that takes into account the full extent of your damages. In addition, we can handle any written correspondence and telephone calls with insurers, ensuring that your rights are protected, and you do not face any undue pressure (for example, to quickly accept their initial offer).

Legal Precedents that Guide Non-Pecuniary Awards in Alberta

Past court decisions, also known as case law or precedents, are a helpful guide for assessing pain and suffering awards in Alberta. The province’s civil courts operate according to common law. Judges use precedents from trials with similar facts to guide their reasoning when deciding the case before them.

A court will look at other cases to see what was awarded in non-pecuniary damages. Specifically, the court will look for cases with similar injuries with a similar impact on the plaintiff’s life. Our lawyers are familiar with what courts have generally awarded for various injuries. This experience with legal research can help your lawyer claim the highest possible compensation for pain and suffering.

Settlement negotiations between plaintiffs and defendants often rely heavily on precedents to determine appropriate damages.

Besides precedents, statutes (laws passed by legislatures like the federal and provincial parliament) and regulations could affect the award of damages as well. In Alberta, a cap on non-pecuniary damages applies to minor injuries (whiplash, for example) caused by motor vehicle accidents that occurred from Oct. 1, 2004 onward. This cap rises annually with inflation and sits at $6,182 for accidents that occurred on or after Jan. 1, 2025.

Across Canada, including Alberta, there is a cap on non-pecuniary damages for bodily injury, no matter how severe and no matter the cause of injury, of roughly $400,000 as of 2025. Importantly, these caps do not apply to other kinds of damages, such as lost income.

Ask Us Your Questions About Alberta Non-Pecuniary Damages

Although it is possible to claim for damages on your own in Alberta, it is often a long and difficult-to-navigate process.

A qualified legal professional protects your interests. Our firm has extensive experience in handling personal injury claims and non-pecuniary damages. We operate on a contingency-fee basis only so you will never have to pay for our advice and assistance unless we win you compensation in court or reach a settlement.

If you have questions about a potential personal injury case or non-pecuniary damages, please do not hesitate to contact us. We would be happy to provide you with a free initial consultation and to discuss your case in detail.

Our toll-free number is 1-888-494-7191. Call anytime 24/7 to make an appointment.