When someone is injured in a motor vehicle collision in Ontario, the consequences can extend well beyond the initial physical injuries. An accident may affect a person’s ability to work, participate in family life, maintain a household and enjoy activities that were once part of everyday living. Where another party is legally responsible for the collision, an injured person may be entitled to pursue a civil action seeking compensation for these losses.
Damages in a motor vehicle accident lawsuit are intended to compensate an injured person for the losses suffered because of the collision. The amount and types of damages available will depend on the nature and severity of the injuries, their impact on the person’s life and the evidence supporting the claim.
General damages, also known as non-pecuniary damages, compensate an injured person for the pain, suffering and loss of enjoyment of life resulting from their injuries.
This may include chronic pain, psychological injuries, depression, anxiety, loss of mobility, permanent impairment and the inability to participate in recreational or social activities. The assessment considers the overall impact of the injuries on the person’s quality of life, including their age, pre-accident lifestyle, prognosis and the extent to which their injuries interfere with daily activities.
Importantly, Ontario imposes a legal threshold on the recovery of general damages in motor vehicle accident cases. Under the Insurance Act, an injured person must establish permanent serious disfigurement or permanent serious impairment of an important physical, mental or psychological function. Even where this threshold is met, a statutory deductible may apply to the award. These amounts are adjusted annually.
For 2026, the deductible is $47,913.01. The threshold and deductible provisions can significantly affect the value of a claim.
An injured person may claim compensation for income lost because they were unable to work following the collision. This includes wages, salary, self-employment income, commissions and other employment-related earnings.
A claim may also be advanced for future loss of income or loss of earning capacity where the injuries prevent the individual from returning to their previous occupation, reduce their working hours, limit advancement opportunities or otherwise impair their ability to earn income.
In some cases, an injured person may technically return to work but experience reduced productivity, require workplace accommodations or lose the opportunity to pursue a more demanding or rewarding career.
Ontario’s Insurance Act places certain restrictions on past income-loss claims, including a general limitation to 70% of gross income lost after the first seven days and before trial. Future loss of earnings, if accepted are calculated as being 100% of the loss.
An injured person may seek compensation for reasonable medical and rehabilitation expenses arising from the collision. These expenses can include physiotherapy, chiropractic treatment, massage therapy, prescription medication, psychological counselling, assistive devices and other treatment required because of the injuries.
A claim may also include the anticipated cost of future medical treatment and rehabilitation. For example, someone suffering from a permanent injury may require ongoing therapy, medication, specialized equipment or periodic medical assessments for many years.
The objective is to account for the reasonable expenses necessary to address the person’s injuries and assist with their recovery or long-term management.
Injuries can affect a person’s ability to perform ordinary household responsibilities. Tasks such as cleaning, cooking, laundry, yard maintenance and snow removal may become difficult or impossible.
Compensation may be available for the cost of hiring someone to perform these tasks, both in the past and in the future. A claim can also recognize the loss of the injured person’s ability to perform these services themselves, even where family members have stepped in to provide assistance.
An injured person may also claim reasonable expenses incurred as a result of the collision. Examples include transportation to medical appointments, parking, medical supplies, home modifications, mobility equipment and other accident-related expenditures.
These expenses must be supported by appropriate evidence and have a reasonable connection to the injuries sustained.
Ontario’s Family Law Act permits certain family members, including spouses, children, parents, grandparents, grandchildren, brothers and sisters, to pursue claims where a loved one is injured or killed because of another person’s negligence.
These claims may include compensation for loss of care, guidance and companionship, as well as certain expenses and financial losses resulting from the injury or death.
The impact of an accident is often felt throughout the family, and the law recognizes that eligible family members may suffer losses of their own.
In exceptional circumstances, additional damages may be available. Aggravated damages may be awarded where the defendant’s conduct has caused additional harm to the plaintiff’s dignity or emotional well-being. Punitive damages are intended to punish particularly outrageous conduct and deter similar behaviour. They are not routinely awarded in motor vehicle accident cases and require exceptional circumstances.
A motor vehicle accident claim involves much more than calculating the cost of medical treatment or the wages lost immediately after a collision. It requires an assessment of how the injuries have affected every aspect of the injured person’s life, both now and in the future.
A thorough assessment of damages is essential to ensure that all compensable losses are identified, properly documented and advanced. Each case is unique, and the compensation ultimately available will depend on the evidence, the applicable legislation and the circumstances of the injured person.
Experts are typically retained to assist in establishing and calculating the above referenced damages.
Having counsel familiar with the personal injury litigation process is essential to create the best chance for a successful outcome.
At Bergeron Clifford Injury Lawyers, all we do is injury law. We represent injured individuals and families throughout Kingston, Ottawa and Eastern Ontario, preparing every case for trial.
If you or a loved one has been injured in a motor vehicle accident, contact Bergeron Clifford Injury Lawyers for a free consultation to discuss your legal options.
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