Law Society of Ontario (LSO) Paralegal Practice Exam

What type of damages are considered to be awarded for pain and suffering?

1. Compensatory damages

2. Aggravated damages

3. General/Non Pecuniary damages

4. Punitive damages

The correct answer is: General/Non Pecuniary damages

The correct answer pertains to General or Non-Pecuniary damages, which are specifically designed to compensate plaintiffs for losses that are not easily quantifiable in monetary terms. Pain and suffering fall under this category, as they relate to the emotional and physical distress experienced by a person as a result of another party's wrongful act. Unlike economic damages that are directly measurable, such as medical expenses or lost wages, pain and suffering damages reflect the subjective experience of the individual and are awarded based on factors like the severity and duration of the suffering. Compensatory damages would generally encompass both economic and non-economic damages, but they are a broader term that includes quantifiable losses rather than specifically addressing the non-pecuniary aspect. Aggravated damages can be awarded in addition to general damages when the harm done goes beyond typical suffering, often considering the actions of the defendant. However, they are not the primary classification for pain and suffering. Punitive damages serve a different purpose, intending to punish the defendant for particularly egregious conduct and deter future violations rather than to compensate for the individual's pain and suffering.