SEP | September 8, 2025 | Personal Injury

When you’ve been injured due to someone else’s negligence in Ontario, you may be entitled to compensation for your pain and suffering. Pain and suffering settlements compensate for physical pain, emotional distress, and loss of enjoyment of life that can’t be calculated through medical bills or lost wages.

Our personal injury law firm has represented countless Ontarians seeking fair compensation for their injuries. Through decades of experience, we’ve observed that many clients arrive at our office with little understanding of what their claim might be worth. This uncertainty often leads to accepting insurance settlements far below what’s appropriate for their circumstances.

Whether you’re facing lengthy rehabilitation after a car collision, struggling with injuries from an icy walkway, or dealing with the consequences of medical errors, knowing typical settlement ranges can help you make informed decisions about your case.

Key Takeaways

  • Ontario’s statutory deductible reduces pain and suffering settlements for motor vehicle accidents, often eliminating compensation for minor injuries.
  • Slip and fall claims aren’t subject to a statutory deductible, but claimants must establish the property owner knew or should have known about the hazardous condition.
  • Medical malpractice claims require extensive testimony to establish both negligence and causation.
  • Pain and suffering settlements in Ontario aren’t determined by a standard formula but through a comprehensive assessment of multiple factors, including injury severity, recovery timeline, psychological impact, lifestyle interference, and precedent from similar cases.

Table of Contents

Pain and Suffering Settlements

Pain and suffering settlements provide compensation for non-economic losses experienced by a victim. Unlike medical expenses or income loss, these damages address the human cost of an injury, including physical pain, emotional suffering, and reduced quality of life.

The Supreme Court of Canada established an upper limit on pain and suffering damages in a series of cases from the late 1970s. This cap, adjusted for inflation, currently sits at approximately $400,000. This ceiling applies only to the pain and suffering portion of a claim and doesn’t limit compensation for medical care, lost income, or other economic damages.

Common Pain and Suffering Settlement Examples

Pain and Suffering Settlements for Motor Vehicle Accidents

Motor vehicle accidents represent the largest category of personal injury claims in Ontario. Ontario’s Insurance Act imposes a statutory deductible on pain and suffering awards for motor vehicle accidents. As of January 1, 2025, this amount is $46,790.05. This means if you’re awarded $70,000 for pain and suffering from a car accident, the insurance company deducts this amount, leaving you with approximately $23,209.95. Claims assessed below the deductible receive no pain and suffering compensation at all.

Compensation ranges vary depending on the severity of the injury. Insurance companies typically advocate for lower-end valuations, while personal injury lawyers push for classifications that accurately reflect their clients’ suffering. The settlement amount for pain and suffering should comprehensively address both immediate pain and long-term lifestyle consequences.

Pain and Suffering Settlements for Slips and Falls

Unlike motor vehicle accidents, slip and fall claims aren’t subject to the statutory deductible, resulting in higher net compensation for similar injuries. These claims typically involve premises liability against property owners, municipalities, or businesses that failed to maintain safe conditions. Slip and fall claims present unique challenges, as claimants must establish that the property owner knew or should have known about the hazardous condition.

Settlements vary based on the severity of the injury, as well as factors such as evidence of negligence and the injured party’s potential contribution to the accident.

Pain and Suffering Settlements for Medical Malpractice

Medical malpractice claims are among the most complex personal injury cases, typically requiring extensive expert evidence to establish both negligence and causation. These claims target healthcare providers who failed to meet the standard of care expected of similarly qualified professionals in similar circumstances. Pain and suffering settlements in medical malpractice cases reflect not only the physical consequences but often the profound psychological impact of being harmed by trusted medical providers.

Medical malpractice settlements often take longer to resolve than other personal injury cases due to their complexity and the reluctance of healthcare providers’ insurers to settle without thorough investigation. Causation is particularly challenging in these cases because plaintiffs must prove their injury resulted directly from the provider’s negligence rather than as a complication of their underlying condition.

How Settlement Amounts for Pain and Suffering are Calculated

Calculating pain and suffering settlements in Ontario involves a complex assessment process rather than a simple mathematical formula. Courts and insurers consider numerous factors to arrive at a figure that reasonably compensates for non-economic losses while staying within established legal parameters. They include:

  • Severity and Duration of Physical Pain
  • Psychological Impact
  • Interference with Daily Activities
  • Loss of Life Pleasures
  • Age and Life Circumstances
  • Permanence of Injury

The calculation process then typically involves:

  • Case Precedent Analysis – Lawyers and adjusters research similar cases to establish appropriate ranges. Ontario courts generally strive for consistency, so previous judgments for comparable injuries create boundaries for new settlements.
  • Medical Evidence Review – Expert medical opinions regarding prognosis, permanent impairments, and future limitations provide the factual foundation for pain and suffering claims.
  • Credibility Assessment – The believability of the claimant’s reported symptoms affects valuation. Consistent medical reporting, appropriate treatment-seeking behaviour, and forthright testimony strengthen claims.

There is no standardized pain and suffering calculator in Ontario. Instead, experienced personal injury lawyers develop settlement value estimates through their knowledge of case law, understanding of local judicial tendencies, and assessment of their client’s situation.

If you’ve been injured and are wondering about the potential value of your claim, contact Findlay Personal Injury Lawyers for a free consultation. Our team will review the details of your case, explain how Ontario’s personal injury laws apply to your situation, and develop a strategy aimed at securing the settlement amount for pain and suffering that you truly deserve.

FAQs About Pain and Suffering Settlements

Is a Pain and Suffering Settlement Taxable?

Here’s the big financial question: Are pain and suffering settlements taxable? The answer is no, pain and suffering settlement amounts in Ontario are not taxable. The Canada Revenue Agency (CRA) considers compensation for pain and suffering to be non-taxable income, meaning you won’t need to report these funds on your tax returns or pay any portion of your settlement to the government.

How Long Does a Pain and Suffering Settlement Take?

The timeline for resolving a pain and suffering settlement in Ontario varies significantly. Most personal injury claims take between 1 and 3 years from the date of injury to final resolution. Complex claims, such as medical malpractice cases, typically take longer to resolve, often 3–5 years or more, due to their technical nature and the extensive expert testimony required.

Can I Claim Pain and Suffering If I Was Partially At Fault?

Yes, you can claim pain and suffering compensation in Ontario even if you were partially at fault for the accident or injury. Ontario follows a “contributory negligence” system, which allows injured parties to recover damages even when they bear some responsibility for their injuries.

However, your settlement amount for pain and suffering will be reduced proportionally to your degree of fault. The court or insurance adjuster will assign fault percentages to all involved parties, and your compensation will be adjusted accordingly.