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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