Learn about getting compensated for your pain and suffering.
Do you have an injury from a car accident that isn’t healing? Does it persistently trouble you but isn’t completely disabling? Are you trying to seek compensation for it? If you answered yes to these questions, then Smith v. Stubbert is a case that you should be aware of.
Smith v. Stubbert is a Nova Scotia case that created a range of non-pecuniary damages for soft-tissue injuries that are “persistently troubling but not totally disabling”. In Smith v. Stubbert, the jury awarded the plaintiff $100,000 for pain and suffering and $625,000 for loss of future income. The Court of Appeal reduced the awards to $40,000 for pain and suffering and $100,000 for loss of future income. In their decision, the Court of Appeal also created a range for future non-pecuniary (pain and suffering) awards. The lower limit of their range was $18,000, and the upper limit was $40,000. The 1992 decision is still used in Nova Scotia with adjustments for inflation. Accounting for inflation puts the range at approximately $29,153 – $64,784. It is important to note that this range does not limit other losses that may be a part of your injury claim; such as wage losses or out-of-pocket medical expenses.
So, what kind of injuries does this include? If an injury causes you pain or discomfort but does not prevent you from working, doing housework, or participating in leisure activities, it may fall into the Smith v. Stubbert category. This category includes soft-tissue injuries suffered in car accidents such a sprain, strain or whiplash associated disorders that have not healed over an extended period. If an injury resolves within 12 months, it may fall into the minor injury cap instead. For more information on minor injuries and the minor injury cap, see this blog post.
If you have questions about whether your claim is a minor or serious injury, you may want to speak to a car accident lawyer.
Jeff Mitchell is the Principal Lawyer and Founder of NOVA Injury Law. Jeff has dedicated his practice to the area of personal injury, car accident, and disability benefits law. Contact 1.800.262.8104 or [email protected] to arrange for a free case review today.