How are chronic pain injuries valued in Canada?
Chronic pain cases are challenging because symptoms are largely subjective. Courts rely on the credibility of the plaintiff, corroborating medical evidence (specialist diagnoses, functional capacity evaluations), and the consistency of the treatment history. General damages for chronic soft-tissue injury range from $40,000–$150,000. CRPS and fibromyalgia can yield $150,000–$400,000+ if well-documented.
What medical evidence is needed for a chronic pain claim?
A specialist diagnosis (physiatrist, rheumatologist, or pain specialist), functional capacity evaluation, pain clinic reports, psychological assessment for associated depression/anxiety, and a consistent treatment history. Courts are skeptical of chronic pain claims without specialist involvement and consistent treatment — gaps in treatment damage credibility.
Can I claim income loss for a chronic pain injury?
Yes. If chronic pain has reduced your ability to work, you can claim past income loss (earnings missed from injury to trial) and loss of future earning capacity. You need medical evidence that the pain causally limits your work capacity, and a vocational expert to quantify the loss. Tax returns from several years before and after the injury are compared.