Pain Suffering Lawyer

A Toronto pain and suffering lawyer can help you get justice and a fair compensation in these challenging times.

A personal injury lawyer who specializes in pain and suffering knows how to prove the non-economic losses of mental and physical anguish. Pain and suffering, unlike medical costs, housekeeping expenses, or loss of income, are not easily calculated and require a professional lawyer to prove.

Legal proceedings, especially with insurance companies, can be complex. Insurers typically reduce payments by downplaying your pain. Our Toronto pain and suffering lawyers will always fight these methods with facts and medical evidence. Medical records, expert testimonies, and family statements can demonstrate your anguish.

Regaining control during a challenging period is the goal of hiring a lawyer. When you hire Mazi Law, you will focus on your rehabilitation, and we will focus on getting you the compensation you deserve.

In Ontario, there are restrictions on the payment of pain and suffering compensation following a motor vehicle accident. To qualify for “pain and suffering” damages in a claim, you must meet a certain threshold under Ontario law. Your injury must involve one or both of the following:

• A permanent serious disfigurement; or
• A permanent serious impairment of an important physical, mental, or psychological function.

Meeting the “permanent”, “serious”, and “important” requirements of the Ontario law is the source of much disagreement between injured persons and insurers. At Mazi Law, our lawyers for pain and suffering can help prove your injuries meet the requirements of the law and qualify you for the maximum compensation.

If you were injured in a motor vehicle accident, a deductible of $46,790.05 is applicable to pain and suffering awards of less than $155,965.54. These amounts were set in 2025, and will fluctuate yearly in accordance with the fluctuations in the Consumer Price Index for Canada, as published by Statistics Canada. There is no deductible applicable to economic losses. 

There are three exceptions in which the statutory deductible does not apply: 

1. The award granted by a judge or jury for pain and suffering exceeds the monetary threshold amount at the time of trial; 
2. The claim is advanced under the Family Law Act and involves fatality or death; or 
3. If the injury was caused by a slip and fall, trip and fall, or other incident (other than a car accident).

Calculating Pain and Suffering

If relevant to your claim, our Toronto pain and suffering lawyers may establish that your injury meets the threshold and is eligible for damages for pain and suffering. We can then advise you whether or not to accept the offer of settlement from the insurance company, or to proceed to trial. It is difficult to predict exactly how much compensation for pain and suffering will be awarded by a court or jury. Some of the factors considered included:

• Age
• Severity of the injury
• Treatments (such as surgery) required to treat the injury
• Length of hospitalization, if any
• Length of time required for rehabilitation
• Short-term and long-term physical and emotional damage and limitations caused by the injury
• Pre-existing injuries

Unfortunately, there was a cap set by the Supreme Court of Canada with respect to the awards of damages for pain and suffering and determinations are made subject to that cap.  Fortunately, there is no cap on special damages or economic losses.