How Much Can You Sue For Pain And Suffering?

Sue For Pain And Suffering


Pain and suffering is defined as mental and physical anguish after a traumatic incident and is part of personal injury law in Canada. It can include both physical and psychological suffering and can be caused by many incidents.

A pain and suffering settlement is considered general damages, and people seek economic and non-economic damages with the help of a personal injury lawyer when making a claim of pain and suffering.

Keep reading to learn more about the relationship between pain and suffering claims and Ontario law.

What Are The Laws In Ontario Regarding Pain And Suffering?

In the case of a lawsuit in Ontario for a motor vehicle accident, pain and suffering claims are subject to a statutory deductible of approximately $41,503.50 if your award is under approximately $138,343.86. These numbers increase each year to account for inflation.

If your lawsuit is not related to a motor vehicle accident, then there is no deductible for your pain and suffering award.

What Can Cause Pain & Suffering?

Many incidents can cause pain and suffering, and we have listed some of them below:

  • Car or motorcycle accidents
  • Cycling or pedestrian incidents
  • Violence
  • Workplace incidents
  • Medical malpractice
  • Slips, trips, and falls
  • Wrongful death
  • Serious dog bites

What Are The Different Types Of Pain And Suffering?

Pain and suffering claims take into account future suffering as well. A younger person with the same injuries as an elderly person, would likely be awarded more given the longer period they will experience pain and suffering.

Ontario sets a cap of about $415,000, adjusted with inflation, for pain and suffering claims. Most claims don’t approach this threshold unless they include catastrophic injuries.

How Pain & Suffering Is Determined

In Ontario, a pain and suffering claim must pass a verbal threshold in the cases of a motor vehicle accident. This was introduced to discourage a barrage of car accident claims but makes determining pain and suffering a little more complicated. A physician must provide evidence that you meet the verbal threshold which is that you have suffered a:

  • Permanent serious disfigurement; or
  • Permanent serious impairment of an important physical, mental or psychological function.
    The nature of the injury for which a claim may be based on is not only physical but can also include the mental and psychological functioning and impairment from that after the car accident.

How Insurance Companies Determine Pain & Suffering

Insurance companies are likely to try and pay out much less than the victims deserve when it comes to pain and suffering. Previously decided cases assist in determining an appropriate value for your pain and suffering.

Many factors affect how much an insurance company pays out, including:

  • The victim’s credibility and likeability
  • Consistency of testimonials
  • Whether the plaintiff has exaggerated their claims of pain and suffering
  • The impact it has on your ability to engage in your normal activities of daily living
  • The permanency of your limitations
  • The seriousness of your impairments

Providing Proof For A Pain & Suffering Claim

When it comes to claiming pain and suffering, it can feel a little overwhelming, but contacting a personal injury lawyer in Hamilton can ease some of your worries. At Virk Lawyers, we’re committed to helping make the process of filing a claim straightforward and stress-free.

You can provide certain documents to prove a claim, including statements from family, friends, neighbors, co-workers, and peers etc, medical records, MRIs and X-rays, photographs, and expert testimony to make support your claim. We’ll help you gather all the evidence and guide you through the process.

Are You Looking For A Personal Injury Lawyer In Hamilton? If So, Call Virk Lawyers Today.

Are you in need of a personal injury lawyer? Hamilton residents can rely on Virk Personal Injury Law to help them through their personal injury claims. We are dedicated to helping you get the compensation you deserve. Get in touch today to find out more.