It’s not uncommon for individuals who suffer soft-tissue injuries, chronic pain, and mild traumatic brain injuries (TBIs) following an accident to experience symptoms that don’t show up on diagnostic imaging.
Unlike broken bones, these injuries are often “invisible” — and that can make proving their impact more challenging.
When objective medical evidence is limited, the injured person’s credibility becomes central to the case. Courts will scrutinize how believable and consistent a plaintiff’s testimony is in determining compensation for pain and suffering.
If you’ve suffered from chronic pain, a mild TBI, or psychological trauma due to someone else’s negligence, you may be entitled to significant compensation — even if your injuries aren’t visible on an X-ray or MRI. Below, we review several recent Ontario court decisions where plaintiffs were awarded substantial general damages based on these types of injuries.
What Are General Damages?
General damages refer to compensation for non-economic losses — the physical pain, emotional suffering, and overall loss of enjoyment of life caused by your injuries. The goal is to restore you, as much as possible, to the life you would have enjoyed had the accident never occurred.
The following real-world cases from Ontario courts show how judges evaluate and award damages in cases involving chronic pain, mild TBIs, and psychological impairment.
Recent Case Results
| Case | Year | General Damages Awarded |
| Taylor v. Zents | 2024 | $250,000 |
| Graul v. Kansal | 2022 | $225,000 |
| Sanson v. Paterson | 2022 | $250,000 |
| Higashi v. Chiarot | 2021 | $225,000 |
Case Summaries
Taylor v. Zents (2024) – $250,000 in General Damages
Mr. Taylor was rear-ended by a vehicle travelling at 80 km/h, causing his car to roll over. Despite not attending the hospital immediately, he later experienced chronic dizziness, a mild TBI, and an adjustment disorder.
Taylor attempted to continue working in his demanding film industry role but struggled with performance and safety. Ultimately, he stopped working altogether. Although the defense argued he exaggerated symptoms, the judge found him credible and awarded $250,000 in general damages — and over $1 million total.
Graul v. Kansal (2022) – $225,000 in General Damages
Mr. Graul was involved in a head-on collision. A supervisor and electrician, he was physically fit and active before the accident. Post-accident, he reported severe headaches, balance issues, mood swings, and cognitive difficulties.
Despite surveillance footage showing him completing some physical tasks, the judge accepted that his overall activity level was greatly reduced. He was awarded $225,000 in general damages — and more than $2.3 million total.
Sanson v. Paterson (2022) – $250,000 in General Damages
Ms. Sanson, a human rights lawyer, was hit while riding her bicycle. She claimed to suffer a TBI, migraines, and psychological injuries. Although she returned to work for a time, she eventually had to stop practicing law.
The defense claimed she exaggerated her symptoms and was using the accident as an excuse to exit a declining career. The court disagreed, recognizing the real impact of her injuries and awarding her $250,000 in general damages — part of a total award of around $1.4 million.
Higashi v. Chiarot (2021) – $225,000 in General Damages
Ms. Higashi was the passenger in a vehicle that was t-boned. She suffered chronic pain, fibromyalgia, and a mild TBI. While she resumed work and even had her highest-earning year post-accident, her daily life became more difficult and painful.
Despite her ability to function at times, the court found her condition to be genuine and awarded her $225,000 in general damages. Her total compensation exceeded $1.1 million.
What These Cases Mean for You
If you’ve suffered chronic pain, a mild brain injury, or emotional trauma following an accident, and are struggling with daily life, work, or relationships, it’s important to understand that you have rights — even if medical tests don’t “prove” your pain.
As these cases demonstrate, Ontario courts recognize the devastating impact of these invisible injuries and have awarded substantial damages accordingly.
ABOUT THE AUTHOR
Casey Dorey is an associate lawyer at Bergeron Clifford LLP. He works primarily in Kingston but travels across Eastern Ontario.
Casey obtained his LL.B from the University of Leicester, United Kingdom, with First Class Honours. While in law school, Casey was a Moot Court champion and represented the school externally in London, England. He was also awarded the Canadian Spring Scholarship.
He has appeared before the Ontario Superior Court of Justice, Small Claims Court, Criminal Injuries Compensation Board, and the Social Security Tribunal.
