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ARTICLE · 23 OCTOBER 2024

Can I Sue For Pain And Suffering For An Accident?

Yes, you can sue for pain and suffering in both car accidents and non-car accident injury cases, such as a slip and fall or trip and fall.

CanadaLitigation, Mediation & Arbitration

Yes, you can sue for pain and suffering in both car accidents and non-car accident injury cases, such as a slip and fall or trip and fall.

However, there are important differences in how these types of cases are handled in Canada.

Proving Negligence

For both types of cases, the first step is to show that the party you are suing was negligent. This means proving that they were at fault for the accident. In legal terms, you need to demonstrate this on a balance of probabilities, which means it is more likely than not that their actions caused the accident.

Once negligence is established, the next step is to prove your damages—specifically, how much your pain and suffering is worth.

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