A car accident can change your life instantly. Beyond physical injuries, you may face emotional distress and a lower quality of life. If the accident wasn’t your fault, you might wonder: Can I sue for pain and suffering? The answer is yes, but strict rules apply.
In Canada, suing for pain and suffering isn’t simple. Your injuries must meet a legal threshold, and insurance deductibles can reduce your compensation. That’s why consulting a car accident claim lawyer is crucial. They can navigate legal complexities, negotiate with insurers, and help secure fair compensation.
This guide explains how pain and suffering claims work, eligibility, deductibles, and what to expect if you sue.
Pain and suffering refer to non-pecuniary damages, meaning they do not have a direct financial cost like medical expenses or lost wages. Instead, these damages are awarded to compensate for the physical pain, emotional distress, and loss of quality of life resulting from an accident.
Common examples of pain and suffering include:
Yes, you can sue for pain and suffering in Canada, but it depends on a few key factors:
Most provinces in Canada have legal thresholds that determine whether an injury is severe enough to warrant a pain and suffering lawsuit. For example, in Ontario, your injuries must cause:
If your injuries don’t meet this threshold, you cannot sue for pain and suffering. However, if they do, you can pursue a lawsuit against the at-fault driver.
Other provinces, like Alberta and British Columbia, have their own thresholds, but the general rule remains: only serious injuries qualify for compensation.
Even if you meet the injury threshold, there’s another obstacle: the deductible. This is a set amount that’s subtracted from your final settlement if your compensation falls below a certain value.
For example, in Ontario (2024):
This means that unless your injury is significant, you might not receive much (or anything at all) after the deductible is applied.
Other provinces, such as Alberta, also have minor injury caps, meaning injuries classified as “minor” (e.g., soft tissue injuries) have a maximum payout, which is adjusted yearly for inflation.
Unlike economic damages, which cover things like medical bills and lost income, pain and suffering damages in Canada have a maximum cap.
The Supreme Court of Canada ruled in 1978 that there should be a limit on non-pecuniary damages, and this cap is adjusted for inflation each year. As of 2024, the maximum payout for pain and suffering is around $440,000—but this is only awarded in extreme cases (such as severe brain damage or quadriplegia).
For most accident victims, settlements for pain and suffering are much lower, especially with the deductible in place.
Not every case will qualify for high compensation. Several factors influence the amount you may receive, including:
Courts take all these aspects into account when determining how much you should be awarded.
If you believe you qualify for a pain and suffering claim, here’s what you need to do:
Your medical records will be crucial evidence. Even if you feel fine right after the accident, injuries can take days or weeks to appear. Make sure you visit a doctor and follow all prescribed treatments.
Car accident laws vary by province, and an experienced personal injury lawyer can assess your case, guide you through the process, and handle negotiations with insurance companies.
In many provinces, you must first file a claim with your own insurance provider before considering a lawsuit. This is called a no-fault insurance system, meaning your insurance covers certain losses regardless of who caused the accident.
The more proof you have, the better your chances of winning a lawsuit. Collect:
If insurance doesn’t provide fair compensation, or the at-fault driver’s insurance company denies your claim, your lawyer can help you file a lawsuit to seek damages.
Canada follows a comparative negligence system. This means if you were partially responsible for the accident, your compensation may be reduced by your percentage of fault.
For example:
This system ensures that accident victims still receive compensation, even if they contributed to the crash.
Yes, you can sue for pain and suffering after a car accident in Canada, but there are strict rules and limitations. Your injuries must meet the legal threshold, and high deductibles can significantly reduce your final payout.
If you’ve been injured, the best course of action is to consult a personal injury lawyer to understand your options and maximize your compensation.
Have more questions about your specific province’s laws? Let me know!
