"Pain and suffering" is one of the most searched terms by Ontario accident victims — and one of the most misunderstood. It is not a benefit paid by your own insurer under SABS. It is a type of damages claimed through a lawsuit against the at-fault driver. The distinction matters because the two types of compensation work completely differently.
Pain and Suffering Is a Tort Claim — Not a SABS Benefit
Your accident benefits (income replacement, medical, rehabilitation) come from your own insurer under SABS. Pain and suffering damages — also called non-economic damages or general damages — are claimed through a tort lawsuit against the at-fault driver's insurer.
You can pursue both at the same time. They are separate claims with separate processes.
The Threshold Requirement in Ontario
Ontario has a tort threshold that limits who can claim non-economic damages. To be eligible, your injuries must constitute a serious and permanent impairment of an important physical, mental, or psychological function. This is a meaningful barrier. Minor soft-tissue injuries (whiplash, sprains) generally do not meet the threshold — which is one reason the MIG and the tort threshold work together to limit smaller claims.
What Factors Affect the Value of a Pain and Suffering Claim
- Severity and permanence of the injury
- Impact on daily activities, relationships, and quality of life
- Age of the claimant (younger victims with permanent impairments receive higher awards)
- Pre-accident health and lifestyle
- Medical evidence — the strength and consistency of treating physician reports
- How well-documented the impact on life has been (journals, testimony from family)
- Comparable Ontario case decisions
The Statutory Deductible
Ontario applies a statutory deductible to pain and suffering awards under $100,000. As of recent adjustments, the deductible is approximately $46,000 — meaning if a jury awards you $60,000 in general damages, the deductible reduces your actual payment to approximately $14,000.
This deductible does not apply to awards over $100,000. It is one of the most significant and least-understood features of Ontario tort law that affects real settlement values.
Why Initial Settlement Offers Are Almost Always Low
Insurers make initial offers knowing most claimants don't understand the full value of their claim. Common tactics include making an early offer before the full extent of injuries is known, bundling accident benefits and tort into a single release, and relying on claimants' desire for closure over maximum recovery.
Before accepting any settlement that includes pain and suffering, understanding the real value of your claim matters. A free review is a no-pressure first step.