Recovery for Pain and Suffering under Criminal Injuries Compensation Schemes

Abstract

This paper analyses the recoverability for pain and suffering as a head of damage under the criminal injuries compensation schemes in Canada and elsewhere. Practice varies from jurisdiction to jurisdiction and the reasons put forward to justify exclusion of recovery of this class of damage are examined. The conclusion reached is that a “true” compensation scheme should allow such recovery and that the real reason for excluding it is political expedience, i.e., a legislature can give the appearance of compensating victims of crime without the fiscal consequences of completely doing so.