Car accidents can change lives in an instant. Beyond the physical pain and emotional trauma, there are also financial burdens: medical bills, lost income, and long-term care needs. If you have been injured in an Ontario car accident, a common question is: “What is the most I can sue for?”
The answer is not always straightforward. Ontario’s auto insurance system is complex, combining no-fault accident benefits with the ability to sue at-fault drivers in certain circumstances. Let us break it down.
Accident Benefits vs. Lawsuits
Ontario operates under a no-fault insurance system. This means that after most car accidents, you turn to your own insurance company for medical, rehabilitation, and income replacement benefits—regardless of who caused the accident. These are called statutory accident benefits (SABS).
However, if your injuries are serious, you may have the right to sue the at-fault driver. This lawsuit is separate from your accident benefits claim and can cover losses that SABS does not fully address.
What Can You Sue For After a Car Accident?
If you meet the legal threshold (more on that below), you may be able to sue for:
- Pain and suffering (non-pecuniary damages)
- Loss of income and future earning capacity
- Medical, rehabilitation, and attendant care costs not covered by insurance
- Housekeeping and home maintenance expenses
- Out-of-pocket costs
- Loss of care, guidance, and companionship (family law claims)
These categories of damages can add up to significant amounts, depending on your situation.
Is There a Maximum Amount You Can Sue For?
Technically, there is no hard cap on the total damages you can sue for in Ontario. Courts assess each case based on the specific facts: the severity of injuries, impact on your life, and your financial losses.
That said, there are important legal limits and deductions that affect the maximum you might recover:
1. The Pain and Suffering Cap
Canadian courts place an upper limit on non-pecuniary damages (pain and suffering). This cap was set by the Supreme Court of Canada in 1978 and is adjusted for inflation each year. Today, in September 2025, the cap is roughly $469,000 for the most catastrophic injuries (e.g., complete paralysis, severe brain injury).
Most cases fall well below this number. Minor or moderate injuries may result in significantly lower awards.
2. The “Threshold” for Suing
You can only sue for pain and suffering if your injury meets the “threshold” test:
- Death
- Permanent serious disfigurement
- Permanent serious impairment of an important physical, mental, or psychological function
If your injuries do not meet this threshold, you cannot recover pain and suffering damages, no matter how inconvenient or painful your recovery has been.
3. The Statutory Deductible
Even if you meet the threshold, Ontario law applies a deductible to pain and suffering awards. As of 2025, the deductible is about $46,000 for general damages under $153,000.
Example: If a court awards you $100,000 in pain and suffering, your actual recovery would be $54,000 after the deductible.
The deductible is waived if damages exceed the threshold amount (around $153,000 in 2025).
4. Income Loss Limits
You can sue for lost income beyond what accident benefits cover, but there are restrictions. For example:
- For the first 7 days post-accident, no income loss is payable.
- Accident benefits cover only 70% of gross income up to $400 per week, unless you purchased optional benefits.
- In a lawsuit, you can claim the remainder, but recovery is limited to 70% of lost income before trial and 100% after trial.
5. Family Law Act Claims
Family members can sue for loss of care, guidance, and companionship, but their claims are also subject to a deductible (about $23,000 in 2025).
Realistic Examples
To give some perspective:
- Minor soft-tissue injury: May not meet the threshold, resulting in no lawsuit recovery for pain and suffering.
- Moderate injury with some permanent impairment: Possible award between $50,000–$100,000 (reduced by deductible unless above threshold).
- Catastrophic injury (paralysis, brain injury): Potential damages could reach millions of dollars when future care, income loss, and attendant care are factored in—though pain and suffering damages are capped at the inflation-adjusted maximum.
Why Each Case Is Unique
The value of your claim depends on:
- Severity and permanence of your injuries
- Your age, occupation, and lifestyle before the accident
- The availability of insurance coverage
- Expert medical and vocational evidence
This is why two people injured in similar accidents can end up with very different compensation amounts.
Short Answer:
So, what is the most you can sue for after a car accident in Ontario? The short answer is: there is no fixed limit. Pain and suffering damages are capped at around $469,000, but when combined with income loss, medical expenses, and future care costs, catastrophic injury claims can reach several million dollars.
However, strict thresholds, deductibles, and complex insurance rules mean it is essential to have experienced legal guidance.
At Bergeron Clifford Injury Lawyers, we have helped countless accident victims and their families secure the compensation they need to rebuild their lives. If you or a loved one has been seriously injured in a car accident, we are here to help.
KANON CLIFFORD
The ability to make a meaningful change in people’s lives is what attracts Kanon to injury law. For Kanon, the clients’ right to fair compensation is the pillar of his deep commitment to improving the lives of injured persons and their families. Kanon started at Bergeron Clifford as a summer student learning the ins and outs of injury law. He then completed his articles at our firm before being called to the Ontario bar in 2020.
