Can I Sue for Pain and Suffering After a Car Accident in Ontario?

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If you’ve been seriously injured in a car accident in Ontario, you may be dealing with more than physical pain. Many crash victims also suffer from emotional distress, mental exhaustion, and the loss of daily activities they once enjoyed. These losses are real, and they’re often referred to in legal terms as “pain and suffering.”

But can you actually sue for pain and suffering in Ontario? The short answer is yes, but only under certain conditions. Ontario has strict rules that limit who can seek this type of compensation. So, before filing your claim, it’s important to familiarize yourself with how the system works and how getting legal help can make a difference in your case.

What is pain and suffering compensation?

Pain and suffering refers to the physical pain, emotional trauma, and mental anguish you experience after a serious injury. In Ontario, this falls under a category called non-pecuniary damages. This is compensation for losses that don’t have a fixed price tag, like a hospital bill or lost income.

These damages recognize the human impact of an injury from a car accident. Examples include:

Ongoing pain that interferes with sleep or mobility.
Loss of enjoyment in hobbies such as hiking or playing music.
Depression, anxiety, or post-traumatic stress after a crash.
The inability to care for children, attend social events, or maintain relationships.

While car accident benefits (for example, income replacement or medical coverage) are available through Ontario’s no-fault insurance system, they don’t include compensation for pain and suffering. To claim these damages, you must meet specific legal requirements.

Can I sue for pain and suffering in Ontario?

You can sue the at-fault driver for pain and suffering, but Ontario law limits these claims to cases involving serious and permanent injuries. This legal threshold applies to anyone injured in a motor vehicle accident who wants to pursue non-pecuniary damages through a lawsuit.

The key point is this: not every injury qualifies for a pain and suffering claim. To sue for pain and suffering, your injuries must result in “permanent serious disfigurement or permanent serious impairment of an important physical, mental, or psychological function.”

Here’s what this all means:

Serious means the injury significantly affects your ability to function. It’s not just about pain; it’s about how much the injury limits your daily life.
Permanent means the condition isn’t expected to improve. It must last indefinitely or have long-term consequences.
Important function refers to key aspects of your life, such as walking, working, caring for yourself or others, or engaging in meaningful activities.

For example, someone who suffers a traumatic brain injury that affects memory and cognitive function may qualify. So might a factory worker who can no longer lift heavy materials due to chronic back pain. But someone with a sprained wrist that heals in a few weeks likely wouldn’t meet the threshold.

How does the statutory deductible affect your pain and suffering claim?

Even if your injuries meet the threshold, another Ontario rule can reduce your compensation through the statutory deductible.

If a court awards you less than $155,964.54 in pain and suffering damages, your award will be reduced by $46,790.05. This deductible applies automatically, and insurance companies apply it to settlements as well.

Here’s an example:

You win $70,000 in non-pecuniary damages
The deductible of $46,790.05 is subtracted
You’re left with just $23,209.95 in compensation for pain and suffering

If your award exceeds the threshold amount, the deductible no longer applies. The deductible increases annually based on inflation, and it applies only to general damages, not to lost wages or medical expenses.

The deductible is one reason many injury victims are surprised by how little insurance companies offer. It also makes it even more important to prove the full extent of your injuries so your damages exceed the deductible.

Who pays for pain and suffering compensation?

Pain and suffering damages are usually paid by the at-fault driver’s insurance company, not the driver personally. In Ontario, all drivers must carry third-party liability insurance, which covers them if they cause injury to someone else.

That said, there are situations where things get more complicated:

If the at-fault driver is uninsured, you may need to turn to the Motor Vehicle Accident Claims Fund for compensation.
If the at-fault driver’s insurance limits are too low, your own OPCF 44R family protection coverage (if you purchased it) may cover the difference.

The good news is that insurance is usually available. The challenge lies in proving your right to pain and suffering compensation and getting insurers to pay what your case is truly worth.

What evidence do I need to support my pain and suffering claim?

To succeed in a pain and suffering claim, you’ll need strong evidence that shows both the severity and impact of your injuries. This goes well beyond showing that you were hurt in a crash.

Key types of evidence include:

Medical records: Keep records of all hospital visits, diagnostic tests, specialist opinions, and long-term treatment plans.
Functional assessments: Occupational therapists or rehabilitation specialists can explain how your injury limits your ability to work or complete daily tasks.
Mental health evaluations: If you suffer from anxiety, depression, or PTSD, psychological reports can help establish the emotional toll of your car accident.
Testimony from family, friends, or coworkers: These statements can support your claim by showing how your life has changed.
Personal journals or video diaries: Document your pain levels, mobility struggles, or missed life events can strengthen your case.

Delays in treatment or gaps in follow-up care can be used by insurance companies to argue your injury isn’t as serious as you claim. That’s why getting the right medical help and documenting your condition from the beginning is so important for your case.

How long do I have to file a lawsuit in Ontario?

In most cases, you have two years from the date of your car accident to file a lawsuit for pain and suffering in Ontario. This deadline is known as the limitation period. Missing the deadline can permanently bar your right to compensation, no matter how strong your case is. It’s best to speak to a lawyer as soon as possible before evidence starts to disappear.

When a car accident changes everything, our Toronto law firm is here to help

The moments after a crash in the Toronto area can be overwhelming. You’re likely facing medical treatments, vehicle damage, lost wages, and complicated insurance negotiations. Smitiuch Injury Law understands these challenges and is here to fight for the compensation you rightfully deserve.

Our dedicated car accident lawyers offer comprehensive support during these difficult times. We can work tirelessly to investigate your case, collaborate with medical specialists and car accident reconstruction experts, and build a strong claim that holds negligent drivers accountable.

With our free initial consultation and contingency fee arrangement, you pay nothing unless we win your case. We serve clients in Toronto, Brantford, and Simcoe, offering flexible appointments, home and hospital visits, and compassionate legal guidance tailored to your unique situation.

Contact us today to set up your free initial consultation. Our legal team is ready to listen to your story and explain your legal options moving forward.

“I highly recommend Smitiuch Injury Law. They were very friendly and helpful and always kept me aware of what was going on. Peter and Micheal truly care for you and fight tooth and nail for your well being and what is owed to you. I am very happy that I went to them after my accident. Thank you again Peter and Micheal for all your help.” — JF, ⭐⭐⭐⭐⭐

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