If you have been hurt in an accident in Ontario, you may be entitled to compensation not just for your financial or pecuniary damages, but also for your pain and suffering. But what exactly does that mean? How do insurance companies and courts put a dollar value on something so personal and subjective?
Here’s what you should know about pain and suffering damages in plain language.
What Are Pain and Suffering Damages?
Pain and suffering damages fall under the category of non-pecuniary damages in a personal injury case. They compensate for the intangible impact of your injury.
These damages cover things like:
- Pain from the injury itself, treatment, and recovery
- Chronic pain
- Anxiety, depression, or PTSD
- Sleep disturbances
- Loss of ability to participate in hobbies or daily activities
- Emotional distress from scarring or disfigurement
- Reduced life expectancy
- Impact on your relationships
Unlike lost wages or property damage, pain and suffering damages aren’t tied to receipts or invoices. That makes them harder to measure, but no less real.
How Are Pain and Suffering Damages Calculated?
There is no fixed formula for calculating pain and suffering in Ontario, but courts often use past case law to guide the process.
Here are some common methods that insurance companies and lawyers may use to estimate pain and suffering.
1. Case Comparison
Lawyers and insurers look at similar past cases in Ontario to see how much was awarded for comparable injuries. This is called the “precedent” method.
For example, someone with a broken leg that required surgery and months of rehab might look at past cases with similar facts to estimate a likely range for pain and suffering damages.
2. The Multiplier Method
This is more common in the U.S., but it is sometimes used as a rough estimate in settlement talks. It involves multiplying your economic damages (like property damage and lost income) by a number from 1 to 5, depending on the severity of your injury.
Keep in mind, this isn’t an official method in Ontario courts, but it’s sometimes used during negotiations.
3. The Per Diem Method
Less commonly, pain and suffering might be calculated on a “per day” basis, or assigning a dollar amount to each day you’ve lived with pain. For example, $100 per day from the date of the injury to the expected end of treatment.
What Factors Affect Pain and Suffering Damages?
Pain, mental anguish, and emotional suffering are personal and subjective. That means every case is different. Some people bounce back quickly from injuries. Others face a lifetime of pain, anxiety, or disability.
The amount you might recover for pain and suffering depends on several factors:
- Severity of the injury: More serious injuries usually result in higher damages.
- Duration of recovery: Long-term or permanent injuries increase the award.
- Impact on daily life: How the injury affects work, hobbies, and independence.
- Age and health: Younger or active people may receive more.
- Scarring or disfigurement: Visible scars, especially on the face, can lead to higher pain and suffering damages.
- Emotional trauma: Psychological harm, like depression or PTSD, is taken into account.
- Reduced life expectancy: When an injury reduces life expectancy, damages will likely be higher.
Your credibility and proof of your losses are also important. Gaps in treatment or poor evidence can reduce your award.
Non-Pecuniary Damage Caps and Statutory Deductibles
There are two things that may limit the pain and suffering damages you recover.
First, the Andrews cap, which was established in 1978. This limits non-pecuniary damages in negligence-based tort claims to $100,000, which is adjusted for inflation. As of June 2025, the cap is $468,091. This cap does not apply to intentional tort cases.
Statutory deductibles are applied to non-pecuniary damage awards involving car accidents. A deductible is applied if damages are below a threshold amount, reducing the amount you recover.
Monetary thresholds and deductible amounts are published each year by the Financial Services Regulatory Authority of Ontario (FRSA). In 2025, general damage awards below $155,965.54 trigger an inflation-adjusted deductible of $46,790.05.
For example, if you are awarded $140,000 in pain and suffering damages, you would receive $93,209.05 after the deductible.
There are separate deductibles and limits for FLA damages.
Pain and Suffering Settlement Examples
To give you a sense of what these damages might look like, here are some general examples.
- Facial scarring from a dog bite after multiple surgeries: $50,000
- Severe back injury with permanent mobility issues: $75,000
- Spinal cord injury that causes quadriplegia: $300,000
- Moderate to severe brain injury with lasting effects: $250,000
- Loss of an arm or leg: $200,000
- Less severe brain injury: $170,000
- Loss of vision: $100,000
These figures are rough guidelines. Your unique circumstances, including pre-existing conditions and how the injury has changed your life, will play a major role.
Can You Use an Online Pain and Suffering Calculator?
You may come across online “pain and suffering calculators” that promise to estimate your damages in seconds. While these tools may provide a rough range, they are not reliable.
Why? Because calculating pain and suffering is complex. No two injuries – or lives – are the same. Dozens of factors affect the outcome. A lawyer can help you understand what to expect based on their experience, precedent, and your specific situation.
Contact Our St. Catharines Personal Injury Lawyers for a Free Consultation
Have you suffered a serious injury in an accident? You could be entitled to compensation, and Findlay Personal Injury Lawyers is ready to help. Our team has decades of experience and more than $100 million recovered for injured clients across the province.
Call us today at (905) 522-9799 for a free, no-obligation consultation. Let us help you understand your rights and options.
