If you’ve been injured and are considering a personal injury claim in Ontario, you may be wondering: “How much can I actually claim?” The answer depends on several factors, and while Ontario doesn’t have a single maximum payout, there are rules and limits for certain types of damages. Here’s what you need to know.
No True “Maximum” for Compensation
Ontario does not set a fixed maximum for all personal injury cases. The amount you may receive depends on:
- The type of injury you sustained
- How it has affected your life
- Your financial and personal losses
However, there are caps and thresholds for some types of damages, which are important to understand.
Maximum for Pain and Suffering
One of the most well-known limits is for pain and suffering (general damages). This compensation is meant for the impact an injury has on your quality of life, including chronic pain, loss of enjoyment, or emotional distress.
Currently in Ontario, the maximum award for pain and suffering is roughly $469,000. This figure originates from the 1978 Supreme Court case Andrews v. Grand & Toy and has been adjusted for inflation. Maximum awards are reserved for the most serious injuries, such as:
- Quadriplegia or paralysis
- Catastrophic brain injuries
Less severe injuries will receive proportionally lower amounts.
Other Compensation Has No Set Limit
While pain and suffering has a cap, there is no maximum for other aspects of your claim. You can claim for:
- Loss of income or competitive advantage
- Future care costs
- Home care and housekeeping
- Out-of-pocket expenses related to your injury
These claims must be reasonable and supported by evidence – you cannot simply claim an arbitrary amount. In serious cases, these damages can reach into the millions.
Motor Vehicle Accidents
If your injury arises from a car accident, you can make an Accident Benefits (AB) claim under the Statutory Accident Benefits Schedule (SABS), in addition to a personal injury lawsuit. Limits depend on the severity of your injuries:
- Non-catastrophic injuries: covers up to $65,000
- Catastrophic injuries: covers up to $1,000,000
Other factors, such as the statutory deductible, may affect your total claim.
Claims For Family Members
Family members affected by your injuries may claim compensation under the Family Law Act for loss of care, guidance, and companionship. These claims are based on actual losses, and there is no fixed maximum.
Factors That Can Limit Your Claim
- Insurance policy limits: While you can claim for more than the at-fault party’s coverage, the insurer is only liable to pay up to the amount their insured has purchased. Legal strategies exist to address this.
- Statutory deductibles: May reduce the amount you recover in car accident claims.
Next Steps
Every personal injury claim is unique. The value of your claim depends on:
- The severity of your injury
- How it affects your work and daily life
- Your age and future care needs
- The type of accident or negligence involved
At Bergeron Clifford LLP, our experienced lawyers can help you calculate a fair claim based on your circumstances and ensure all potential damages are properly addressed.
Contact us today for a free consultation to learn how much your personal injury claim may be worth.
Burke Derbyshire is a graduate of LaSalle Secondary School in Kingston. Upon graduation, he attended Queens University on an athletic scholarship where he played for the men’s football team. He then completed his law degree at the University of Leicester, United Kingdom, and was a moot court finalist as well as an active member of the Canadian Law Society.
Burke worked at Bergeron Clifford in the summer of 2023 as a summer student, and is now working as an articling student while also completing his NCA exams.
