When someone is injured due to the negligence of another party in Edmonton, Alberta, they may be entitled to compensation through a personal injury claim. While compensation for lost wages or medical expenses is more straightforward to calculate, general damages—particularly those awarded for pain and suffering—are far more nuanced and complex. These damages aim to address the intangible but very real effects of an injury on a person’s life.
Understanding how general damages are assessed, and how a skilled lawyer like David Sowemimo of Watchmaker Law can assist, is crucial to ensuring that injured individuals receive the full compensation they deserve.
What Are General Damages in Personal Injury Law
General damages refer to compensation awarded for non-monetary losses suffered as a result of an injury. Unlike special damages (which cover quantifiable costs like hospital bills and lost income), general damages address the subjective consequences of an injury, including:
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Loss of consortium (companionship)
• Disfigurement or scarring
• Reduced quality of life
In the context of personal injury law in Edmonton, general damages are a fundamental component of most claims—especially in cases involving serious or long-term injuries.
How Are Pain and Suffering Assessed in Edmonton?
Assessing pain and suffering in Edmonton is not an exact science. Courts and insurance companies must rely on established legal precedents, medical evidence, and the unique circumstances of each case.
Key factors considered include:
- Severity and Duration of the Injury
Injuries that are more severe or permanent typically result in higher awards. A broken wrist may warrant less in general damages than a spinal injury that causes chronic pain. - Age and Lifestyle of the Victim
If the injury significantly affects a person’s ability to engage in activities they once enjoyed—such as sports, hobbies, or family life—this loss may increase the damages. - Emotional and Psychological Impact
Anxiety, depression, PTSD, and other mental health consequences stemming from the accident are factored into the overall pain and suffering. - Medical Evidence and Expert Testimony
Doctors, therapists, and sometimes vocational or psychological experts provide evidence to support claims of long-term suffering or life disruption. - Comparative Case Law
Alberta courts often look at prior rulings with similar injuries to guide appropriate awards. This promotes consistency and fairness.
The Cap on General Damages in Canada
In Canada, the Supreme Court has placed a cap on general damages for pain and suffering in personal injury cases. This cap was established in a trilogy of cases in the late 1970s and has been adjusted for inflation.
As of 2025, the upper limit for general damages is roughly $430,000, applied only in the most severe cases—such as catastrophic brain injuries or total paralysis. Most general damage awards fall well below this ceiling, depending on the unique circumstances of the injury.
Challenges in Proving General Damages
General damages are inherently subjective, which makes them more challenging to prove than economic losses. Insurance companies often dispute the severity of pain and suffering or argue that the claimant had pre-existing conditions. A strong legal advocate is essential to:
• Gather and present comprehensive medical evidence
• Demonstrate the full impact of the injury on daily life
• Counter tactics used by insurance adjusters to minimize payouts
• Ensure that settlement negotiations include fair compensation for general damages
This is where a seasoned and compassionate legal team like Watchmaker Law in Edmonton becomes invaluable.
How Watchmaker Law Can Help You Maximize General Damages
Watchmaker Law: Accident and Personal Injury Lawyers in Edmonton, led by David Sowemimo, has built a solid reputation for protecting the rights of injury victims across Alberta. Their team takes a client-centered, evidence-based approach to every personal injury claim, with a particular focus on ensuring that pain and suffering are fully accounted for in settlement negotiations or courtroom trials.
Here’s how Watchmaker Law can make a difference in your case:
1. Detailed Evaluation of Your Claim
David Sowemimo and his team will thoroughly assess the full impact of your injuries, including physical pain, emotional distress, and how your daily life has changed. This allows them to build a compelling case for the maximum allowable compensation under Alberta law.
2. Expert Medical and Psychological Referrals
The firm works closely with trusted medical experts, physiotherapists, and psychologists to provide professional documentation of your injuries and suffering. These reports can significantly strengthen your case.
3. Skilled Negotiation With Insurance Companies
Insurance adjusters aim to settle cases quickly and cheaply. Watchmaker Law counters lowball offers with strong evidence and legal precedent, often negotiating significantly higher general damage awards than self-represented claimants can achieve.
4. Litigation Support
If your case goes to court, you will need a strong litigator by your side. David Sowemimo is known for his strategic thinking and courtroom expertise. He will present your case clearly, emphasizing how the injury has impacted your life.
5. Personalized Legal Guidance
Every injury case is different. Watchmaker Law offers compassionate, one-on-one service to help you navigate not just the legal process but also the practical and emotional challenges that come with recovery.
Don’t Settle for Less Than You Deserve
General damages in Edmonton personal injury cases are vital to achieving true justice—they recognize that life-altering injuries affect more than just the wallet. The pain, fear, loss of independence, and emotional strain can be overwhelming. You deserve a legal team that understands this and fights to ensure you’re fairly compensated.
If you or a loved one has suffered an injury due to someone else’s negligence in Edmonton, Watchmaker Law, under the experienced leadership of David Sowemimo, is ready to help. Their focus on compassionate representation, legal precision, and tireless advocacy makes them a top choice for injury victims seeking justice.
Let Watchmaker Law help you reclaim your life—one step, and one legal victory, at a time.