Suing for Pain and Suffering After a Serious Accident in Ontario

If you’ve been seriously injured in a car accident in Ontario, you may be wondering whether you can sue for pain and suffering, and what that might be worth. Ontario law does allow you to pursue compensation for pain and suffering caused by your injuries and impairments. There are some legal hurdles and limitations that can affect whether you’re entitled to do so, and how much you can receive.

In this blog post, we’ll break down what “pain and suffering” means, how it’s treated under Ontario law, and what you should know before pursuing a claim.

Key Takeaways

• Pain and suffering compensation in Ontario is intended to recognize physical pain, loss of enjoyment of life, and the impact an injury has on a person’s daily functioning.
• To sue an at-fault driver for pain and suffering after a car accident, an injured person must satisfy Ontario’s legal threshold for serious and permanent injuries.
• Even when a claim qualifies, a statutory deductible may significantly reduce the amount awarded for pain and suffering.
• Pain and suffering damages are separate from other forms of compensation, such as income loss, medical expenses, and future care costs.
• The most severe and life-altering injuries may attract higher pain and suffering awards, but Canadian courts generally take a conservative approach to non-pecuniary damages.
• Every case depends on its specific facts, including the nature of the injury, its long-term effects, and the evidence available to support the claim.

What is Pain and Suffering?

“Pain and suffering” refers to the physical pain and loss of enjoyment of life that an injured person experiences because of an accident. In legal terms, it falls under what are called non-pecuniary damages or general damages, meaning losses that don’t have a specific dollar value (such as lost income or medical or other out-of-pocket expenses).

Examples of conditions contributing to pain and suffering include:

• Physical pain, discomfort, and associated loss of enjoyment of life;
• Pain and discomfort associated with surgeries, recovery from surgeries, and subsequent surgeries that may be required;
• Sleep disturbances;
• Withdrawal from hobbies or socializing with friends and family; and
• Loss of independence in daily activities.

Can You Sue for Pain and Suffering After a Car Accident?

The goal of Ontario’s auto insurance system is to limit lawsuits to more serious cases. As a result, in Ontario, you can successfully sue an at-fault driver for pain and suffering only if your injuries meet a legal threshold set out in the Insurance Act.

The threshold is that your injuries must result in:

• Permanent serious disfigurement, or
• Permanent serious impairment of an important physical, mental or psychological function.

The threshold is a key hurdle in any lawsuit for pain and suffering. If your injuries are relatively minor, temporary, or have healed well, your claim may not pass the threshold, regardless of how real and disruptive your pain was at the time.

The Deductible

Even if your claim meets the threshold, there’s another complication: the statutory deductible. Under the Insurance Act, a deductible is automatically subtracted from pain and suffering awards below a certain amount.

As of 2025, the deductible is $46,790.05, deducted from any pain and suffering award below $155,965.54. These amounts increase each year with inflation.

For example, this means that if a judge awards you $60,000 for pain and suffering, you’d only receive just over $13,000 after the deductible is applied.

The deductible can significantly reduce the value of claims for those with moderate, but still serious, injuries.

What is the Maximum for Pain and Suffering in Ontario?

Damages for pain and suffering are subjective and somewhat arbitrary. The goal is to put an injured person back in the position they would have been in had the accident not happened. But how do courts put a dollar value on this?

In 1978, the Supreme Court of Canada capped pain and suffering awards in the amount of $100,000. When adjusted for inflation to 2025, the current maximum for pain and suffering awards in Canada is approximately $450,000. This maximum amount is typically reserved for the most serious and catastrophically life-changing injuries, such as severe brain damage, quadriplegia, or a permanent vegetative state.

Many clients are surprised by how modest pain and suffering awards can be in Ontario, especially compared to large jury verdicts often reported in the United States. However, the Canadian system is intentionally conservative when it comes to non-pecuniary damages. It’s important to remember that the full value of a personal injury claim can still be substantial when other heads of damages, such as loss of income and cost of future care, are added to the total.

If you’re awarded damages for pain and suffering, you may also be entitled to pre-judgment interest, which is a percentage of interest added to your award to account for the time between the date of your injury and the date of judgment.

Frequently Asked Questions

What does pain and suffering mean in an Ontario car accident claim?

Pain and suffering refers to the physical pain, emotional impact, and loss of enjoyment of life that result from an injury caused by a motor vehicle accident.

In Ontario, these damages are considered non-pecuniary damages, meaning they compensate losses that do not have a precise financial value. Examples may include ongoing pain, reduced independence, sleep disturbances, limitations on hobbies and recreational activities, and the inability to participate in aspects of life that were previously important. Pain and suffering damages are separate from compensation for lost income, medical expenses, or future care needs.

Can I sue for pain and suffering after a car accident in Ontario?

Possibly. Ontario law allows injured individuals to pursue pain and suffering damages against an at-fault driver, but only if certain legal requirements are met.

The blog explains that a claimant must establish that the injuries resulted in either a permanent serious disfigurement or a permanent serious impairment of an important physical, mental, or psychological function. This requirement is commonly referred to as the threshold. Whether an injury satisfies the threshold depends on the specific facts of the case and the available medical evidence. Not every injury, even one that causes genuine pain, will necessarily qualify.

What is the threshold for pain and suffering claims in Ontario?

The threshold is a legal test contained in Ontario’s Insurance Act that determines whether a person can recover pain and suffering damages in a lawsuit arising from a motor vehicle accident.

According to the blog, an injured person must prove either a permanent serious disfigurement or a permanent serious impairment of an important physical, mental, or psychological function. This assessment often requires detailed medical evidence and a careful examination of how the injury affects the person’s daily life, employment, relationships, and overall functioning. Meeting the threshold is one of the most important issues in many Ontario personal injury cases.

What is the deductible in an Ontario pain and suffering claim?

The statutory deductible is an amount that may be subtracted from a pain and suffering award in qualifying motor vehicle accident cases.

The blog notes that, as of 2025, a deductible applies to pain and suffering awards below a specified amount. This means that even if a court awards compensation for pain and suffering, the injured person may receive less after the deductible is applied. The deductible is intended to limit recovery for lower-value claims and is an important factor when evaluating the potential value of a lawsuit. The deductible amounts are adjusted periodically to reflect inflation.

Why do some pain and suffering awards seem lower than people expect?

Many people are surprised to learn that Canadian courts generally take a conservative approach to pain and suffering damages.

The blog explains that the Supreme Court of Canada established a cap on non-pecuniary damages, which limits the highest awards available for pain and suffering. While the most catastrophic injuries may attract awards approaching the upper limit, many claims fall well below that range. It is also important to remember that a personal injury claim may include other forms of compensation, such as lost income and future care costs, which can significantly affect the overall value of a case.

What kinds of injuries may qualify for pain and suffering compensation?

There is no single list of qualifying injuries because the legal analysis focuses on the severity, permanence, and impact of the impairment.

The blog emphasizes that the key issue is whether the injury results in a permanent serious disfigurement or a permanent serious impairment of an important function. In cities such as Toronto and throughout Ontario, people injured in serious motor vehicle accidents may experience ongoing physical limitations, chronic pain, psychological injuries, or lasting cognitive impairments. Each claim must be assessed individually based on the medical evidence and the effect the injury has on the person’s life.

Is pain and suffering compensation separate from accident benefits?

Yes. Pain and suffering damages and accident benefits are different components of Ontario’s motor vehicle accident system.

Accident benefits are available through applicable automobile insurance policies regardless of fault and may provide access to medical, rehabilitation, and income replacement benefits. Pain and suffering damages, by contrast, are generally pursued through a lawsuit against an at-fault driver and require the injured person to satisfy Ontario’s legal threshold. Depending on the circumstances, an injured person may have access to both accident benefits and a tort claim.

How do courts determine the value of pain and suffering?

There is no fixed formula for calculating pain and suffering damages.

Courts consider factors such as the nature of the injury, the severity of symptoms, the impact on daily activities, the effect on relationships, the person’s prognosis, and the overall loss of enjoyment of life. Medical records, expert opinions, treatment history, and evidence from family members often help demonstrate the extent of the impairment. Because every injury affects people differently, pain and suffering awards are highly dependent on the facts of each individual case.

Can I receive compensation if my injuries affect my mental or psychological health?

Potentially. The blog specifically notes that the threshold can be satisfied through a permanent serious impairment of an important physical, mental, or psychological function.

Psychological and mental health consequences may have a significant impact on a person’s ability to work, maintain relationships, and participate in everyday activities. In communities such as Barrie and across Ontario, serious motor vehicle accidents can sometimes lead to lasting psychological challenges that are considered alongside physical injuries when evaluating a claim. The strength of any claim will depend on the evidence available and the extent of the impairment.

When should I speak with a personal injury lawyer about a pain and suffering claim?

It is generally advisable to seek legal advice as early as possible after a serious motor vehicle accident.

The blog explains that proving a pain and suffering claim often requires evidence addressing the permanence and seriousness of the injury. An experienced Ontario personal injury lawyer can help explain the threshold, the deductible, the evidence required to support a claim, and how pain and suffering damages fit within the broader personal injury process. Early legal advice may also help ensure that important medical and other evidence is properly preserved and documented.

Conclusion

Suing for pain and suffering after a serious accident in Ontario is possible, but it’s not an automatic guarantee of success. You must first prove that your injuries or impairments are both serious and permanent, and even then, your compensation may be reduced by a significant deductible unless the impact on your life has been severe.If you or someone you care about has been seriously injured in a car accident, contact us for a free consultation. We’ll review your case, explain your rights, and help you understand what to expect in your claim for pain and suffering.