Pain and suffering settlement examples: the top precedents in Canadian law

Dealing with pain and suffering is tough enough — figuring out a settlement shouldn’t add to your stress. If you’ve ever wondered what kind of compensation to expect, this guide on pain and suffering settlement examples in Canada can give you an idea of what others have received. 

In this article, we’ll discuss some of these examples, including how the parties involved arrived at an amount of compensation. If you're a plaintiff, you can use this as a guide for seeking compensation for the pain and suffering that you’re experiencing, with the help of your personal injury lawyers. 

What is a pain and suffering settlement? 

When you’re filing a personal injury case in Canada, it’s complex because it involves a lot of factors to arrive at an amount that you can claim against the defendant. Under Canadian law on torts, personal injury claims can be made up of the actual dollars you’ve spent for your medical and property-related expenses, plus claims for your pain and suffering. 

Below are some examples of pain and suffering settlement, which may also include actual compensatory damages: 

• motor vehicle accidents 
• workplace harassments 
• occupational injuries 
• slip-and-falls 
• medical malpractice 
• product liability 

These claims can be settled without the court (hence the term settlement) or awarded by a court or tribunal after hearing and trial. Either way, you would need the help of a personal injury lawyer. 

If you’re thinking about filing a personal injury case, a personal injury lawyer is the best legal professional to assist you. Learn more about what’s involved in filing a personal injury claim with this video: 

If you need help in searching for a lawyer to assist you with your claim, you can head over to our directory of the best personal injury lawyers in Canada as ranked by Lexpert. 

The pain and suffering component 

“Pain and suffering damages, also called 'general damages,' are a very important part of every personal injury claim,” says Adam Wagman, a partner involved in personal injury cases at Howie, Sacks & Henry LLP (HSH). 

He explains the two aspects of a claim for personal injury. “While other aspects of the claim focus on compensating victims for economic losses, such as loss of income or medical expenses, pain and suffering damages are intended to compensate victims for their injuries and the impact those injuries have on their lives.” 

In other words, there are two types of compensatory damages that you can claim in a personal injury case: 

• special damages: for the pecuniary or financial aspect of your claim; examples are hospital bills, medicines, caregiving costs; may also include future expenses 

• general damages: for your non-pecuniary loss or your claim’s non-monetary aspect; this compensates for your mental distress or pain and suffering 

Although the court can also award non-compensatory damages, such as aggravated damages and punitive damages. 

What are pain and suffering settlement examples? 

“Pain and suffering damages compensate a victim for the impact that an incident has had, or will have, on their physical, emotional, and mental health,” Wagman says.  

Below is a list of what a plaintiff’s claim for pain and suffering damages can include, according to Wagman: 

• damages for the pain and medical treatment that they have had to endure  
• the loss of enjoyment of the life they had before the injuries 
• the inability to engage in activities they once enjoyed  
• changes in relationships with family and friends  
• any other “non-pecuniary” damages that they have sustained because of someone else’s negligence 

All these can justify how much your claim for pain and suffering damages is. However, as with your claims for special damages, it must be supported by pieces of evidence. 

A basic example is that your claim for medical expenses should be evidenced by hospital bills or your doctor’s notes. The same rule goes for pain and suffering damages. 

Amount of pain and suffering settlement examples 

Below are the average pain and suffering settlement amounts. Note that these figures do not automatically apply to each case. They also do not include the amount of special damages. 

In any case, we’ll discuss further some pain and suffering settlement examples for some of the common injuries that you can use as the basis for your claim. 

Car accidents 

One of the most common causes of personal injury is motor vehicle accidents. Aside from property damages and medical expenses, which will form part of your special damages, recovering from the trauma of the accident is your claim for general damages. 

In car accidents, a mix of short-term and long-term injuries may occur, allowing your settlement to have current and future expenses.  

For instance: 

• special damages may include loss of earning capacity and expenses for short- or long-term care 
• general damages may cover loss of enjoyment of life due to the recovery period, or for your loved one’s death 

One actual example of the largest personal injury settlement amounts in Canada is the case of MacNeil v. Bryan et al., [2009] O.J. No. 2344. This case involved a vehicular accident, wherein Katherine-Paige MacNeil was awarded $18.4 million in settlement. Worthy to note is the absence of contributory negligence on the part of MacNeil in this case. 

Workplace injuries 

Out of your employer’s duty to ensure a safe and healthy working environment, a personal injury claim can arise because of its violation. Specifically, when it causes injuries, physically and/or emotionally. 

Examples of damages in this case are: 

• special damages to compensate for your lost daily wage and other monetary benefits 
• general damages to include the pain and suffering you experienced from workplace harassment, violence, or discrimination 

Slip-and-falls 

Accidents involving slip-and-falls may be harder to pinpoint to someone’s fault or negligence, although not impossible. Usual defendants in these cases are building owners, operators, or those in charge of its maintenance, including the lessors. 

Typically, average slip-and-falls will only entail a smaller special damages, with almost no general damages if recovery time is just short. However, if the slip-and-fall results in serious injuries, such as for elderly people, then a larger special damages will suffice, including a claim for pain and suffering. 

One important case for slip-and-falls is Waldick v. Malcolm, 1991 SCR 456. This case involved a slip-and-fall on a residential driveway and is still considered as one of the significant personal injury cases in Canada. 

Medical malpractice 

You can have a claim for personal injury due to the negligence or malpractice of your medical professional, which may include the hospital.  

A classic example is an operation gone bad, which would justify a claim for:  

• special damages for the additional hospital expenses to correct the earlier erroneous operation 
• damages for pain and suffering, after going through the process again because your first doctors were negligent 

Other examples of medical malpractice are: 

• wrongful diagnosis 
• prescribing the wrong medicines 
• negligence in following up after the operation 

There are many decided cases by the courts, but among the biggest medical negligence cases in Canada is Boyd et al. v. Edington et al., 2014 ONSC 1130. This case awarded $15 million to Danielle Boyd, whose doctor failed to diagnose that she was already having a stroke. 

Product liability 

Another example where you can claim pain and suffering compensation is the injuries you sustained after using a product. Here, you can hold liable the product’s owner, manufacturer, or advertiser. What’s important is that you establish their negligence or fault in the making of the product, or on its design or packaging. 

An illustration is when you bought a product, and when you used it according to its instructions and without any fault on your part, it malfunctioned, causing you injuries and some property damage. 

In such a case, you can claim for damages for the following: 

• special damages to repair any property damage and for your own physical healing 
• general damages, should it cause you some pain and suffering or mental distress 

How can personal injury lawyers help when calculating pain and suffering settlements? 

Aside from representing you in settlement proceedings or during court trials, personal injury lawyers can help calculate your pain and suffering settlement amounts. 

Helping a client tell their story 

“Valuing pain and suffering damages is an art, not a science,” Wagman says. “Knowing the law is crucial, but every case and every victim is different. Everyone has their own story to tell.” 

Calculating a claim primarily involves collecting and understanding the evidence that you can present against the other party. Wagman adds that lawyers help clients by collecting and developing the necessary evidence to tell that story.  

“Great lawyers understand that presenting evidence from treating physicians and therapists is not enough to accurately tell their client’s story.” 

Collecting pieces of evidence 

Below are some pieces of evidence that Wagman suggests when calculating pain and suffering settlements: 

• Evidence from lay witnesses, such as family, friends, and co-workers, is crucial. 
• Evidence from independent medical and rehabilitation experts is also very important.  
• Photos and videos from before and after the incident, demonstrating the changes in their client’s life, can create a powerful narrative.  

“Great personal injury lawyers must be great storytellers. The better the story, the better the compensation for their client who has suffered greatly due to the negligent actions of someone else.” 

Here’s another video from HSH about how a personal injury lawyer can help their clients with their claims: 

Check this directory of the best personal injury lawyers in Ontario as ranked by Lexpert. Our directory of the best lawyers can also be filtered according to province, down to its cities. 

What are the factors affecting a pain and suffering settlement amount? 

There are several factors that you must consider when determining the amount of damages that you will be claiming for. On top of this, your pain and suffering settlement amount may also differ from the examples above because of your personal circumstances. 

Here are some factors that can affect your pain and suffering damages: 

• specific injuries: the severity and permanence of your injuries, aside from increasing the special damages you can claim, can amplify your emotional distress, which is a basis for higher general damages 

• injuries’ impact: it’s not enough that you’re injured to justify a large amount of general damages, but you must also show that the injury has a great impact on your quality of life, such as your ability to work or perform daily tasks 

• loss of limb or life: losing one of your limbs, or worse, losing your loved one due to the fault of the defendant can greatly affect your mental faculties; this is why the amount of damages will increase if there’s loss of limb of life already  

• duration of healing: if it would take a longer time for you to recover — physically and emotionally — then your claim for larger amounts of general and special damages may be justified 

This is why it’s important to consult with your lawyer about your personal injury payout, even from the start of its computation. 

Pain and suffering settlement examples: learning from precedents 

While no amount of money can truly erase your pain and suffering, understanding what others have received can help guide your expectations. As such, every case is unique, and the right legal advice from your personal injury lawyer can make all the difference in securing a fair settlement. Keep these settlement examples in mind as you move forward with your own claim. 

To help you when looking for help with pain and suffering settlements, refer to our directory of the Lexpert-ranked best personal injury law firms in Canada.