If you’ve suffered a personal injury in Ontario, you may be entitled to compensation for the pain and suffering you’ve endured. These damages, often referred to as general or non-pecuniary damages, are designed to compensate you for the emotional and physical toll of your injuries. Here’s what you need to know about this important aspect of a personal injury claim.
Damages for pain and suffering compensate you for the intangible losses resulting from your injury. These include physical pain, emotional distress, loss of enjoyment of life, and the impact on your overall well-being. Unlike medical bills or lost income, these damages address the personal and emotional impact of your injury.
In Canada, the Supreme Court has capped non-pecuniary damages in negligence cases. This is commonly known as the Andrews cap. The Andrews cap, originally $100,000.00, is inflation adjusted each year. Adjusting for inflation, as of 2025, general damages under the Andrews cap is $420,000. An award near the Andrews cap is reserved for the most severe cases, such as catastrophic injuries leading to permanent disability or profound psychological trauma. The Andrews cap does not apply to intentional torts such as battery or assault. However, there is a cap on torts involving privacy, such as the tort of intrusion on seclusion.
In personal injury cases, the general damages assessment will generally consider the severity of the injury, the recovery process and the impact of the injury on the victim’s life. Each case is unique and courts will consider comparable cases to determine an appropriate amount.
Depending on the kind of claim, the general damage award may be subject to an inflation adjusted deductible. For example, in the case of a car accident in Ontario, general damage awards of less than $155,965.54 are set off by an inflation adjusted deductible. In 2025, the deductible is $46,790.05. There are also deductibles for FLA damages for that fall below a certain amount.
An experienced personal injury lawyer understands the intricacies of proving pain and suffering damages. At Gosai Law, we build a compelling case by gathering medical evidence, expert testimony, and detailed documentation of how your injury has impacted your life.
With a proven track record in personal injury claims, our firm is committed to securing the compensation you deserve. We understand the challenges you face and provide personalized, compassionate guidance every step of the way.
If you or a loved one has suffered a personal injury, don’t wait. Contact us today for a free consultation to learn how we can help you get the compensation you deserve.
