If you’ve been injured in an accident, one of the most common questions that comes up is: “What is my personal injury claim worth?” It’s an important concern—and while the answer can vary widely, understanding how claims are evaluated in Ontario can help you make informed decisions about your next steps.
No “Average” Claim, But Patterns Exist
Every personal injury case is unique.
The value of a claim depends on a number of personal and legal factors, including the type and severity of your injuries, the impact on your ability to work, your age and health, the cost of treatment, and whether any long-term disability is involved.
That said, we do see common patterns across different types of cases. Minor injury claims in Ontario, such as soft tissue damage or minor fractures, often settle anywhere between $10,000 and $50,000.
For more serious injuries—like multiple fractures or concussions with prolonged symptoms—the range typically falls between $50,000 and $150,000.
When it comes to severe injuries that result in permanent disability, brain trauma, or significant loss of function, settlements can exceed $250,000, and in some cases, climb into the millions, especially when ongoing medical care or loss of income is involved
Understanding Pain and Suffering Compensation
In Canada, compensation for pain and suffering—formally called “non-pecuniary general damages”—is capped by the Supreme Court of Canada. This cap, adjusted for inflation, is currently just over $430,000 as of 2025. That means even in the most catastrophic injury cases, general damages cannot exceed this amount.
This doesn’t mean your total claim is capped—just the portion related specifically to pain and suffering. Additional compensation for lost income, medical expenses, and future care needs can significantly increase the overall value of a claim.
How Ontario’s Insurance System Affects Your Claim
Ontario operates under a “no-fault” auto insurance system. This means that if you’re injured in a motor vehicle accident, your own insurance company pays for certain benefits—like medical treatment and income replacement—regardless of who caused the crash.
However, if your injuries are serious and meet a specific legal threshold, you still have the right to sue the at-fault driver. In a successful lawsuit, you may be able to recover additional compensation for pain and suffering, loss of future income, out-of-pocket expenses, future care costs, and more.
What Can Affect the Value of Your Claim?
Several legal and practical factors can influence your final settlement or court award. For instance, if you’re found partially responsible for the accident, your compensation may be reduced in proportion to your share of fault. This is known as contributory negligence.
The actions you take after the accident also matter. Failing to seek medical attention or not following your treatment plan can hurt your case. Courts expect injured individuals to “mitigate their damages”—in other words, to take reasonable steps to recover and get back to work if they are able.
Your credibility, the strength of the medical evidence, and the experience of your legal team all play important roles in determining how much compensation you ultimately receive.
Insurance companies often try to settle claims quickly—and for as little money as possible.
Without legal advice, people risk accepting settlements that don’t fully reflect the long-term impact of their injuries. An experienced personal injury lawyer can ensure your rights are protected and help you access the full compensation you’re entitled to.
At Bergeron Clifford LLP, we work closely with medical professionals, vocational experts, and financial specialists to fully understand how your injury has affected your life—and to build a case that reflects that impact. Our goal is always to secure the best possible outcome for our clients.
