If you’ve been injured in an accident, you may be wondering what your experience is worth in the eyes of the law—especially when it comes to pain and suffering.
This type of compensation is meant to acknowledge the actual injury suffered, as well as physical pain, emotional distress, and overall impact the injury has had on your quality of life. But unlike past and future income loss and medical expenses, pain and suffering can’t be measured by receipts or pay stubs.
So, how much can you actually receive in Ontario? The answer depends on a few key factors.
There’s No Set Amount—Each Case Is Unique But There Is A Maximum Cap
Pain and suffering awards vary widely depending on the circumstances of the injury. Some of the factors that influence the amount include:
- The severity and type of injury (e.g., broken bones vs. chronic pain vs. psychological trauma vs. amputation/paralysis vs. level of traumatic brain injury)
- Whether the injury is permanent or expected to heal
- The impact on your daily life—including your ability to work, socialize, or enjoy hobbies, i.e. does the injury seriously impair you in these areas
- Your age, lifestyle, and pre-accident health
- The duration of the injury, pain or emotional distress
Two people with similar injuries may experience them very differently. Courts and insurance companies take this into account when assessing damages.
What’s the Typical Range?
In Ontario, awards for pain and suffering where the inury is permeant and seriously impairs you, usually fall between $80,000 and $460,000, with rare catastrophic cases reaching the current legal cap of approximately $460,000 (adjusted for inflation). However, most cases fall on the lower end of that range unless the injuries are life-altering.
What About the Deductible?
For car accident claims in Ontario, a deductible applies to many pain and suffering awards unless the case crosses a certain financial threshold. As of 2025, any award of pain and suffering below $155,965, will get hit with a deductible of $46,790 which is subtracted from the amount awarded.
This deductible does not apply to other types of personal injury claims, like slip and fall cases or medical malpractice cases.
How Is This Calculated?
Lawyers and insurers often look at similar past cases—called “precedents”—to estimate what a case might be worth. They also rely on medical records, treatment history, and testimony from doctors, therapists, and even family members to understand how your life has been affected.
If a case goes to court, the judge or jury will review the evidence and consider your personal story before deciding on an amount.
Why Legal Advice Matters
Because pain and suffering damages are based on subjective experiences and legal thresholds, it’s important to have someone on your side who can clearly present the impact your injury has had. An experienced personal injury lawyer can help you build a strong case, ensure all supporting evidence is gathered, and fight for compensation that reflects your experience.
If you’ve been injured in an accident and are wondering what your claim might be worth, our team is here to help. Contact us at info@nelliganlaw.ca.
