Pain and Suffering in Ontario
"General damages" compensate for physical and emotional impact. There is no receipt for pain — courts use precedent and expert evidence.
The Ontario Threshold
For car accidents, injury must be "serious and permanent" — significantly impairs important life functions and is not expected to substantially improve.
The Statutory Deductible
Approximately $46,000 deductible applies to general damages in car accident cases.
Factors Affecting Awards
- Age at time of injury
- Severity and duration of pain
- Impact on daily activities
- Psychological effects (PTSD, depression)
- Need for ongoing treatment
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