Settlement value in personal injury cases are based on many different factors, some of which are factual and some of which are legal. From a legal perspective, the Supreme Court of Canada has laid out a maximum payable compensation value of approximately $365,000 for pain and suffering (non-economic damages) in Canada, no matter how terrible the injury (excluding lost wages and future care). Unlike economic damages for wage loss, pain and suffering damages are not based on any specific economic loss. Pain and suffering awards are decided on a case-by-case basis according to the case facts and the amount of damages typically awarded in similar cases. We typically do not valuate a serious injury case for at least a year post-accident since everyone’s recovery is time is different.