How much is my car accident case worth in Ontario?

By Eddie Wiley

Personal Injury Lawyer

Hillier & Hillier Personal Injury Lawyers

It is often impossible to precisely assign a value to your case. The value of your case depends on the severity of your injuries, and the impact of these on your ability to maintain your pre-accident lifestyle. The value of your case also depends on multiple factual circumstances that are constantly evolving such as medical treatments and prognoses. As those circumstances change, so too may the value of your case.

As well, juries that award damages are often unpredictable.

You should be wary of any lawyer who provides a precise value of your case with certainty, especially in the early stages of a claim.

There is also no “one-size-fits-all” settlement calculator that can accurately determine the value of your case. An experienced personal injury lawyer must emphasize their client’s individual circumstances and how their injuries have impacted their client’s lifestyle. They must be able to tell their client’s unique story to a jury in order to maximize the value of their case. Settlement calculators cannot do this.

An experienced lawyer will advise you of the available types of compensation, the strengths and weaknesses of your case, the risks in proceeding to trial, and a range of possible outcomes.

This article will do exactly that.  

It will outline the different types of compensation that you can claim following a car accident, as well as various factors that may influence the value of your case.

What types of compensation can you pursue in a car accident lawsuit?

In Ontario, you can pursue the following types of compensation against the at-fault driver in a car accident lawsuit:

• General damages for pain and suffering

• Loss of income

• Cost of future medical care and rehabilitation

• Attendant Care

Lawyers typically refer to the above types of compensation as the “heads of damages.” In addition to the four heads of damages, outlined above, you can also claim out-of-pocket expenses.

You can only claim damages that were caused by the at-fault driver. This may sound obvious, but it is often the most contentious issue in a lawsuit, particularly where an individual has many pre-accident medical conditions. 

In addition to the above heads of damages, you may also apply for accident benefits to your own insurance company. For more information on the types of accident benefits you may receive, click here.

The next question is, what is the potential value of each head of damage?

General Damages for Pain and Suffering

General damages for pain and suffering are not subject to any calculation or guideline. These are meant to compensate an individual for the injuries they sustained in an accident and the impact of these on their lifestyle. 

Assessing general damages is more of an art than a science, and a judge or jury is essentially trying to award a dollar figure that adequately reflects the impact of the plaintiff’s injury on their lifestyle. The greater the impact, the higher the award should be.

As such, an experienced lawyer will present evidence that shows all areas of the plaintiff’s daily routine that have been impacted by their injury.

There are several rules, however, that will help to construct a wide range of possible general damages awards for your case.

The first is the cap on general damages.

Rule 1 – There is a Cap on Pain and Suffering Awards

I have had many individuals reference multi-million-dollar American jury awards for pain and suffering and suggest that their case is of similar value following a car accident in Ontario. Such individuals are often disappointed to learn about the “cap” on general damages for pain and suffering in Canada.  

In Canada, there is a $100,000 cap on general damages, which was imposed in 1978 by the Supreme Court of Canada. When adjusted for inflation, this figure is closer to $461,748.63 as of 2026. This figure is the upper limit of what one can expect to receive for pain and suffering. Multi-million-dollar awards for pain and suffering in Ontario are simply not a reality.  

Ontario law aims to place an injured person in the position they would have been in had the accident not occurred. It does not aim to provide financial windfalls through multi-million-dollar pain and suffering verdicts. Also, if there were no cap on general damages in Ontario, auto insurance premiums would be significantly higher.

Often, in Ontario, the largest verdicts are for a loss of income as a result of career-ending injuries or future care awards where individuals require significant around-the-clock attendant care.

Awards Near the Cap of $461,748.63 Are Reserved for the Most Severe Injuries

In Ontario, an award near the limit of $461,748.63 for pain and suffering is typically reserved for the most severely injured individuals such as those who sustain major head injuries with paraplegia or worse, whereas the same injury would likely result in a multi-million-dollar award in America.

Compensation for pain and suffering in Ontario obviously pales in comparison to pain and suffering verdicts in the United States.

However, most individuals are unaware of the fact that multi-million-dollar verdicts for pain and suffering in the U.S. are often unrecoverable unless the Defendant has significant assets.

Defendant drivers in the U.S. often have insufficient insurance (usually $25,000 in liability limits) or assets to fully pay the plaintiff’s multi-million-dollar pain and suffering verdicts. Unless the defendant has “deep pockets” (e.g., a business with lots of assets), it is often difficult or impossible to enforce a multi-million-dollar award in America.    

In Ontario, the cap of $461,748.63 applies to all types of personal injury cases including motor vehicle accident cases.

Factors Relevant to Assessing the Value of a Claim for General Damages

Again, general damages are awarded to reflect the impact of a person’s injury on their lifestyle. To measure the impact of an injury on a person’s lifestyle, judges and juries often look at whether a plaintiff can return to their pre-accident lifestyle.

A number of factors are relevant to this analysis such as the severity of the plaintiff’s injury, the plaintiff’s pre-accident activity levels (e.g., participation in hobbies, sports, employment), age, and health. It is important to note that each factor may be considered differently depending on the facts of each case and as can be seen in the examples below:

• Severity of injury: this is the most important factor. The more severe an injury, the higher the award for damages for pain and suffering. For example, a severe ankle fracture that requires surgery and carries a poor prognosis will garner a higher award for general damages than a nondisplaced ankle fracture that will heal quickly without surgery.

  
  

• Age: younger plaintiffs tend to receive higher awards as an injury sustained at a young age may have a longer and more significant impact than if sustained at a later age. An injury may end a young person’s career, participation in sports, or other hobbies compared to an older person who has already pursued and retired from these endeavours. However, an active older plaintiff who has just retired and whose plan to pursue his passion for golf is upended by a broken wrist might receive a higher award than a younger sedentary plaintiff with no interest in sports and whose broken wrist has little to no impact on his daily activities. 

  
  

• Pre-Accident Health: healthy plaintiffs who sustain injuries typically receive higher awards for general damages than unhealthy plaintiffs who receive the same injury. The idea behind this is that a healthy individual might have been able to pursue more hobbies or activities, had there been no injury, compared to a plaintiff whose health was already compromised. However, an unhealthy individual who requires frequent exercise to control certain conditions (diabetes) may be more impacted by a fractured ankle than a healthy individual who sustains the same injury and heals quickly. Alternatively, a pre-existing health condition may be made much worse by a new injury, which may justify a higher award for an unhealthy individual.

  
  

• Hobbies, employment prospects, and sports: individuals who can no longer pursue pre-accident sports, hobbies, or other activities due to an injury will likely receive a higher award for damages than an individual who sustained a similar injury and never pursued such activties. An individual who is a champion soccer player and chess prodigy with a promising career in medicine and who sustains a major brain injury will tend to be awarded more for pain and suffering than an individual who sustains the same injury but did not pursue any of these endeavours. Both cases are tragic, but the first plaintiff will be able to show a greater impact on their lifestyle than the second plaintiff.

  
  

  

  
  

• Employment: losing a job one loves because of an injury will tend to increase an award for general damages in comparison to a person who sustains a similar injury but was unemployed.

  
  

• Credibility: a finding that a plaintiff is not credible will impact a judge or jury’s assessment of general damages in a negative manner. This is a major factor that must be considered when assessing an award for pain and suffering. If a jury does not believe a plaintiff’s claim regarding their level of impairment, a jury is unlikely to award much, if anything, for pain and suffering.

  
  

• Strength of the parties' experts: both the plaintiff and defendant will retain medical experts to comment on the plaintiff's injuries. These are often the most important witnesses in a lawsuit. A credible and well-prepared expert is a major asset to the plaintiff's case. Whichever party has the more credible and better prepared expert will have a huge advantage at trial.

Again, the main principle in awarding general damages is to consider the impact of a person’s injury on their lifestyle and ability to participate in their pre-accident daily activities.

What is my claim for general damages worth?

Based on the above, we know that the most severe injuries with a major impact on a person’s life may result in an award for general damages near the high limit of approximately $461,000.

By contrast, very minor injuries with minimal impact on a person’s life may result in a very modest award for general damages ranging anywhere from $0 to perhaps tens of thousands of dollars.

Moderate injuries fall somewhere in between, depending on the facts of the particular case.

Also, determining the value of a claim for general damages is easier in judge-alone cases versus jury cases. Judges are bound by previous decisions awarding sums for general damages in similar circumstances, and lawyers can research past decisions with similar facts to determine the value of their client’s claim for general damages. For example, there are numerous judge-alone decisions awarding $225,000 - $275,000 for individuals who sustain minor brain injuries, which have a significant impact on their life.

It is impossible, however, to predict with any certainty what a jury may award. Juries are not legally trained and may be more prone to allowing their emotions dictate an award for damages. Juries are also unaware of and not bound by past judicial decisions in awarding damages.

Most motor vehicle accident cases proceed to trial by jury. 

There are two additional points that must be considered in car accident cases in Ontario.

Rule 2 - The Threshold Test

In Ontario, to claim general damages for pain and suffering in a car accident case, individuals must be able to prove that they sustained a permanent and serious impairment of an important physical, mental or psychological function. This is often referred to as the “threshold test.”

Essentially, an injured party must produce medical evidence to prove that their impairment/injury interferes with their daily activities such as employment duties, hobbies, or other activities of daily living. Further, the impairment must be permanent such that it is expected to continue without substantial improvement despite the person participating in appropriate treatment.

After the jury has provided a verdict, and in the absence of the jury, a judge will consider whether the plaintiff (injured party) has produced sufficient evidence to meet the threshold test. If the answer is no, then the plaintiff will receive nothing for general damages for pain and suffering, even if the jury awarded an amount for pain and suffering. If the answer is yes, then the plaintiff will receive whatever amount the jury has awarded for general damages for pain and suffering, subject to the application of the “statutory deductible” discussed further below.

The threshold test must be taken seriously. It has been applied in numerous cases to reduce a plaintiff’s claim for general damages to nothing.

The threshold test applies only to motor vehicle accident cases.

Assuming a plaintiff can prove he/she sustained a threshold injury, the plaintiff will be entitled to recover the general damages awarded by the jury subject to the “statutory deductible.”

Rule 3 – The Statutory Deductible

As of 2026, if a jury awards a plaintiff $159,708.71 or less for general damages for pain and suffering, then a judge will be required to reduce the award by the statutory deductible of $47,913.01 as per section 267.5 of the Insurance Act. This is a harsh rule that will come into play for a large number of car accident cases.

If a jury awards a plaintiff $45,000 for pain and suffering, this will be reduced to zero. If a jury awards $100,000 for pain and suffering, this will be reduced to $52,086.99.

The deductible does not apply when the award for pain and suffering exceeds $159,708.81.

There are two troubling features to the statutory deductible.

First, the jury does not know it exists and lawyers are not allowed to inform the jury about the statutory deductible. The jury award gets reduced by a judge without the jury’s knowledge and after the jury has awarded damages. Thus, a jury may want to award a plaintiff $150,000 for general damages, thinking this is a significant amount, not knowing that the amount will actually get reduced to $102,086.99.

Second, the statutory deductible of $47,913.01, and the amount that must be exceeded for the deductible not to apply ($159,708.81), increases each year for inflation. There is a valid concern that in several years a very large statutory deductible will apply to the vast majority of car accident cases.

Summary of Major Points for General Damages

• General damages are awarded to reflect the impact of a person’s injuries on their lifestyle and ability to partake in their pre-accident activities. Numerous factors are considered such as severity of injury, health, lifestyle, activity level, and age;

  
  

• There is a cap on general damages of $461,748.63;

  
  

• In motor vehicle accident cases, a plaintiff must prove they sustained a serious permanent impairment to claim general damages (the threshold);

  
  

• As of 2026, awards for pain and suffering of $159,708.81 or less will be reduced by $47,913.01, and these figures increase every year to account for inflation (the deductible).

What compensation can I pursue for a loss of income after a car accident?

In a car accident claim you can pursue any income lost as a result of your injuries subject to the following limitations:

• You cannot claim a loss of income for the seven days following the accident

  
  

• You can only claim up to 70% of your loss of past income, which is the period pre-dating the trial of your action. You can claim 100% of your future lost income, which is the future period after trial.

  
  

Extensive expert evidence is required to prove your income loss claim.

A plaintiff will need to produce medical evidence that indicates they are not able to work because of their injury.

As well, a plaintiff will often need to produce an accounting report calculating the loss of income over the period being claimed. The plaintiff will need to gather numerous financial documents like tax returns, employment files, resume, pay stubs, and send these to an expert accountant. Click here to learn more about the types of documents that you will be required to disclose in a lawsuit.

Accounting reports are essential for future income loss claims, as the accountant will need to estimate the plaintiff’s income that would have been earned over the course of their lifetime assuming no injury, and then calculate the “present value” of the plaintiff’s expected income assuming no injury. The accountant will also need to incorporate deductions for any income benefits received from other sources, as well as negative and positive contingencies that might have impacted the plaintiff’s income even if the accident did not occur.

The final net number is what the plaintiff will be asking a jury to award for a loss of income.

Even if you were not employed at the time of the accident, you can still claim a loss of future earnings, however this is typically advanced as a “loss of competitive advantage claim.” This topic will not be fully explored here, however Hillier and Hillier has written extensively about a loss of competitive advantage claim. Click here to learn more about the type of income claim you may advance even if you were not employed at the time of the accident.

What is the value of my loss of income claim?

This entirely depends on the facts of your case. If you were employed at the time of the accident earning a high salary, then your income loss claim will likely be greater than another person who was employed but earning less and who sustained the same injury. Again, an accountant will often be required to calculate your loss of income.

Another key factor is whether you reported all income on your tax returns. Juries, most of whom pay their taxes, do not look kindly on plaintiffs who do not pay taxed on cash income and then advance a loss of income claim.

Cost of Future Care

You can also claim for the cost of anticipated care occasioned by the car accident and your resulting injuries.

Once again, you will need medical experts to comment upon your injuries and the type of care that you will require for your injuries.

A certified life care planner will then incorporate the recommendations of these medical experts to establish a Care Plan.

An accountant will then calculate the present value cost of implementing the Care Plan and will also make any deductions for medical benefits received from other sources. The net figure is what the plaintiff will ask the jury to award for damages for future care.

The cost of future care claim can range from $0 to millions of dollars depending on the level of treatment required and the length for which it is required.

Housekeeping and Home Maintenance

An individual may no longer be able to complete their pre-accident housekeeping and home maintenance tasks and will have a claim for cost of housekeeping and home maintenance expenses.

Once again, medical experts must provide an opinion that your injury prevents you from completing your housekeeping tasks.

A certified life care planner will then estimate the cost of housekeeping and home maintenance services on a weekly and annual basis.

An accountant will then calculate the present value of total housekeeping and home maintenance costs that are required over a certain period. The accountant will also apply deductions for housekeeping benefits available from other sources (like an accident benefits claim). The net value is what the plaintiff will ask the jury to award him or her for the housekeeping and home maintenance head of damage.

This figure can range from $0 to several hundred thousand dollars depending on the severity of the plaintiff’s injuries and their age.

What if I am partially at fault?

This is another relevant factor.

All heads of damages you receive will be reduced by the proportion for which you are found to be at fault for your own injuries. This is known as the doctrine of contributory negligence. Click here for more information regarding contributory negligence.

For example, if you were not wearing a seatbelt at the time of a car accident, then you might be found to be 20% responsible for your own injuries. In this case, your award for all damages will be reduced by 20%.

Examples of where you may be found partially at fault for your injuries sustained in a car accident include failing to wear a seatbelt, speeding, getting in a vehicle with a known drunk driver, or being distracted by a cellphone or radio.  

If you are entirely at fault for an accident, then you will be unable to recover damages.

What if there are inadequate insurance limits to fully compensate me?

In some situations, the defendant driver may not have any insurance or adequate insurance to respond to your claim. In these cases, you can still proceed against your own insurance company. Please click here to read more about accidents involving uninsured drivers and here to read more about accidents involving inadequately insured drivers.

However, in cases where the value of a claim exceeds all available insurance, the plaintiff is unlikely to recover that excess amount.  

Can an online settlement calculator accurately tell me what my case is worth?

No.

Online settlement calculators cannot accurately tell you how much your case is worth and are more likely to be misleading than helpful. They cannot account for the many legal and factual issues that determine the value of a claim. They also do not assess the strengths and weaknesses of your case.

The value of one’s claim is determined by the specific facts of the case and the individual circumstances of the injured person.  

Factors to consider in assessing the value of one’s claim

Numerous factors are relevant to determining the value of one’s claim for each of the above heads of damage. Again, these factors typically consist of the following:

• Severity of injury

• Age

• Health

• Hobbies, employment prospects, and sports

• Employment

• Credibility

• Strength of Evidence

Because the above factors may vary, two individuals with identical injuries could receive vastly different amounts from a personal injury claim.

For example, a right-handed tennis player who sustains a right wrist fracture will receive much more than a left-handed tennis player who sustains a right wrist fracture. The impact of a right wrist fracture on the right-handed player’s employment and ability to engage in other daily activities will be much greater than on a left-handed player.

Similarly, a bricklayer who sustains an injury to his back will likely have a better claim for a loss of income than an office worker who might be able to return to work with some accommodations.

A bricklayer who earns more than another bricklayer will have a larger income loss claim even if both sustain an identical back injury.

The point is that context matters. The circumstances surrounding a plaintiff’s life at the time of an accident must be conveyed to a jury who can then assess the impact of an injury on the plaintiff and award damages accordingly. The job of a personal injury lawyer is to present these circumstances to the jury. Because each person is different, no two claims are the same.  That is why it is difficult to precisely estimate the value of one’s case.

Risks of Trial

The final consideration is the risk of proceeding to trial. As mentioned above, it is impossible to predict what will happen at a jury trial.

If a jury accepts the plaintiff’s claim for damages, then the defendant may have to satisfy a large damages award as well as a portion of the plaintiff’s legal costs, which can be significant, especially if the plaintiff made an offer before trial and recovered more than what they offered.

Conversely, if a jury does not accept the plaintiff’s claims for damages, then the plaintiff will likely be responsible for paying the legal costs incurred by the defendant. This amount can often reach $200,000 - $300,000, particularly if the defendant made an offer before trial and the plaintiff recovered less than the defendant’s offer.

This is why many personal injury cases settle.

This is also why retaining an experienced personal injury lawyer is crucial. An experienced personal injury lawyer can advise you of whether a settlement offer is “reasonable” given the strengths and weaknesses of your case and the risks of proceeding to trial. Likewise, an experienced personal injury lawyer will also tell you whether a settlement offer is unreasonable and may recommend proceeding to trial. In either scenario, you will be able to make a fully informed decision regarding the outcome of your case.

Ava Hillier and Eddie Wiley practise exclusively in personal injury law and have extensive experience representing accident victims throughout Ontario. If you have been injured in a car accident, call Hillier & Hillier Personal Injury Lawyers at 905 453 8636 for a FREE CONSULTATION. Our main office is in Brampton, Ontario, and we serve clients all throughout Ontario.