Why a Lawsuit Might Not Make Sense—And When It Might
After a car accident or slip and fall, it’s normal to wonder what your legal rights are—especially if the accident wasn’t your fault. One of the most common questions we get as personal injury lawyers is: “Can I sue even if I wasn’t injured that badly?”
The short answer is: you can—but that doesn’t always mean you should.
Civil Lawsuits Are About Compensation—Not Punishment
Let’s start with a legal principle: the purpose of tort law is to compensate the injured person – not to punish the wrongdoer. Ultimately, the amount you get in a lawsuit is based on the value of your specific losses – not the defendant’s blameworthiness.
As personal injury lawyers, our job is to get people compensation for their injuries. We do this by bringing lawsuits. We do not exact punishment nor compel bad actors to change their behaviour. We get compensation.
If your injuries are shortlived, require minimal treatment, and do not have a lasting effect on your daily life or your ability to work, then the financial cost of a lawsuit may far exceed what you could recover (not to mention the other costs of time and emotional stress).
The Verbal Threshold: A Legal Barrier for Car Accident Lawsuits
When it comes to motor vehicle accidents (MVAs), there is also a legal barrier to suing in addition to the practical barrier. In order to proceed with a claim for general damages in the MVA context, you must have a:
- Permanent serious disfigurement, or
- Permanent serious impairment of an important physical, mental, or psychological function
Transient or minor injuries won’t meet the threshold. Similarly, if you make a full recovery, it’s unlikely that you will cross the verbal threshold t a lawsuit.
MIG Designation vs. Verbal Threshold: Know the Difference
That said, the term “minor injuries” can mean different things in different contexts. Here are two legal concepts people tend to mix up:
- Minor Injury Guideline (MIG) under the Statutory Accident Benefits Schedule (SABS) – limits accident benefit entitlements (medical / rehab) to about $3,500 for “minor” injuries (sprains, strains, whiplash).
- Verbal Threshold – the legal standard you must meet to sue the atfault driver for pain and suffering.
These are separate concepts. The MIG designation is something you get from your own accident benefits insurer. It has nothing to do with your ability to sue.
On the other hand, the requirement that your injuries cause permanent and serious impairment is a barrier for a lawsuit. It has nothing to do with accident benefits.
Being placed in the MIG doesn’t automatically prevent you from suing. That said, if your injuries are truly minor (as classified under MIG) it becomes more difficult to meet the verbal threshold.
Not everyone who gets placed in the MIG actually has minor injuries. Sometimes, serious injuries are mischaracterized early on. For example, chronic pain, psychological trauma, or injuries that worsen over time may warrant removal from the MIG and often meet the verbal threshold. We see far too many people accept a minor injury label when their injuries are anything but.
When a Lawsuit Makes (and Doesn’t Make) Sense
The point is this:
- ✅ Makes sense to sue if your injuries are long lasting, seriously affect your ability to work or enjoy life, and if there’s reason to believe you will not fully recover.
- ❌ Doesn’t make sense if your injuries are minor and you expect a full recovery.
Legal Advice is Crucial
Even when injuries seem minor, you should still get a legal opinion. A competent personal injury lawyer will:
- Help you with taking the right steps early on, before you know the full extent of your injuries. That way you are ready in case you need to sue later. Remember that in some contexts you only have days to give notice of your potential claim to the other side
- In the case of an MVA, evaluate whether your injury meets the verbal threshold and whether you’ve been wrongly put in the MIG
- Help you weigh the costs and likely consequence of a lawsuit
Final Thought
Lawsuits are powerful tools—but they are not always the right tool. If your injuries are truly minor, or you expect a complete recovery, often the better decision is to focus on healing and moving forward. There’s no shame in that. In fact, it’s a good outcome. You’re better off healthy.
If, on the other hand, your injuries are more than what people casually call “minor,” you deserve to know your rights, and you may well have a strong case.
If you’ve been in an accident in Ontario and aren’t sure whether your injuries might justify a claim, contact us for a free, honest assessment. We’ll help you understand whether suing makes sense in your situation.
ROBERT MURPHY
Rob attended law school at Queen’s University and graduated with his Juris Doctor in 2020. He summered at and completed his articles with Weaver, Simmons LLP, a full-service firm in Northern Ontario. During his articles Rob had the opportunity to see personal injury files from both the plaintiff side and the defence side. After articles, Rob practiced injury law and general litigation with Kelly + Kelly Lawyers in Pembroke, until Kelly + Kelly’s civil litigation practice joined Bergeron Clifford in 2023.
