Pain and suffering are often the most personal – and sometimes the most difficult – parts of an injury to explain.
Unlike past and future lost income and medical care, these damages aren’t always tied to clear numbers or receipts. So how are they calculated in a personal injury case?
In Ontario, “pain and suffering” refers to the type of injury as well as the physical and emotional distress caused by an injury. This can include everything from ongoing pain and loss of mobility, loss of limb, paralysis to anxiety, depression, and how these injuries reduce or negatively affect enjoyment of life. While each case is unique, there are some common principles that guide how these damages are assessed.
What Is Considered Pain and Suffering?
Pain and suffering damages are meant to compensate for the non-financial impact of an injury. This can include:
- Physical pain or discomfort
- Emotional and psychological distress (such as PTSD, anxiety, or depression)
- Loss of enjoyment of life (e.g., no longer being able to participate in hobbies or family activities)
- Scarring or disfigurement
- Impact on relationships and daily functioning; and
- For the actual injury itself.
In serious cases, these effects can be long-lasting or permanent—and the law recognizes that this deserves meaningful compensation.
How Do Courts and Insurers Assess It?
Because pain and suffering are subjective, there’s no fixed formula to calculate them. Instead, courts and insurance companies look at:
- The nature and severity of the injury (physical, psychological, or mental such as in a TBI injury)
- How long the pain or emotional distress has lasted
- The extent to which the injury has affected your daily life
- Medical records and specialist reports
- Your age and overall health
- Similar past cases
Lawyers often reference case law (legal decisions from past claims) to help estimate the likely range of compensation. In Ontario, there’s also a cap on general damages for pain and suffering in non-economic loss, which is currently around $459,259 (adjusted for inflation), typically awarded only in the most catastrophic cases.
Thresholds and Deductibles in Ontario
Ontario law places some limits on pain and suffering claims arising from car accidents. To be eligible, your injury must meet a certain “threshold,” which means:
- It has caused permanent serious disfigurement, or
- It has caused permanent serious impairment of an important physical, mental, or psychological function
If the injury doesn’t meet this threshold, a pain and suffering claim may not be permitted.
There is also a deductible applied to pain and suffering awards under Ontario’s insurance law. As of 2025, this deductible is over $46,790, meaning that any award for pain and suffering less than $155,965 will be reccude by that deductible. Any award for pain and suffering less than $46,790 means there would be no payment for pain and suffering.
These rules only apply to motor vehicle accidents and do not affect slip and fall or other types of injury claims.
Supporting a Claim for Pain and Suffering
To build a strong claim, it’s important to:
- Seek medical attention promptly and follow your treatment plan
- Keep detailed records of your symptoms, challenges, and how the injury is affecting your life
- Document your recovery process, including time off work or missed activities
- Speak to your doctor or therapist about emotional or psychological impacts
A personal injury lawyer can help gather this information, retain the necessary experts to assess your injury and damages, and present a clear picture of how the accident has changed your life.
If you’re dealing with the lasting effects of an injury and wondering what your pain and suffering might be worth, we’re here to help you understand your options. Contact our team at info@nelliganlaw.ca.
