WSIB Lawyer Skip to content
Trial Tested Injury Lawyers

Calculating Settlement Value of a Personal Injury Case in Ontario

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Calculating Settlement Value of a Personal Injury Case in Ontario

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Calculating Settlement Value of a Personal Injury Case in Ontario

Calculating settlement value of a personal injury case can be difficult and complicated. There are several factors at play in determining the value of a personal injury and it is important to understand some basic facts about what a personal injury is, how the court views them and how they determine what an injury may be worth.

Pecuniary vs. Non-Pecuniary Damages

There are two types of damages that courts will use to determine when calculating the settlement value of a personal injury case in Ontario. Pecuniary damages have a specific number value related to the injury. These damages are used to treat your injury, cover your medical costs and any prescriptions or supplies you may need. The amount is fairly standard and can usually be determined with medical bills or records. Non-pecuniary damages are those that may be more difficult to determine, including pain and suffering. These damages are often based on the court’s determination and not on a set figure.

Limits When Calculating Settlement Value of a Personal Injury Case in Ontario

Canada has limits on how much can be awarded for non-pecuniary damages and is around $340,000. This means that only if your injuries are severe is it likely you will receive a settlement that high. Loss of limbs, disfigurement, paralysis or other permanent injuries are often the only types that are awarded high non-pecuniary damages. In addition, if you are injured in an auto accident, there are other limits that may apply to your case. You must meet certain thresholds in order to any non-pecuniary damages. These include:

  • Death
  • Permanent disfigurement that is serious
  • Permanent impairment whether mental, physical or psychological

A soft tissue injury or one that does not lead to permanent damage usually does not meet the threshold for non-pecuniary damages. In auto accidents in Ontario, there is also a statutory deductible. This is deducted from any non-pecuniary damages. Currently, that amount is $39,556.53 for awards over $131,854.01. Once the non-pecuniary damages are determined, they are added to your pecuniary damages and that is the final settlement.

Do You Have a Personal Injury Case?

The first step in calculating settlement value of a personal injury case in Ontario is to confirm that you have a case at all. Ontario courts recognize several types of personal injury accidents that may be eligible for a cause of action. These include auto accidents, workplace accidents, dog bites, slip and falls, defective products and more. There are time limits for when you must file a personal injury case as well. If you do not file your case within two years of discovering you have a claim, you lose the right to file a lawsuit. The clock begins when you either first learned of the injury or the date that a reasonable person should have known they were injured. For instance, after a car accident, you should realize fairly quickly that you are injured. However, surgical or hazardous material exposure injuries may not appear for several years. If the injury occurred before you were 18, you have two years from the time you turn 18 to file the claim.

Determining Cause of the Injury

Another key to determining if you have a personal injury case is how the injury occurred. The injury must have been caused by or contributed to negligence or carelessness of another person. In addition, you will have to prove that the only remedy you have is by filing a lawsuit and calculating the settlement value of a personal injury case. You may be able to collect damages for medical expenses, lost income and property damage under pecuniary damages. Non-pecuniary damages may include loss of enjoyment of life, loss of consortium, disfigurement or pain and suffering.

Get Help

Because personal injury cases can be complicated, it is critical that you speak to a lawyer about your case as soon as possible. A lawyer can help guide you through the process and may even be able to help you find medical care that you are unable to find on your own. They will handle the other party, their lawyers and the court system so that you can focus on healing from your injuries.

If you or a loved one has suffered an injury due to the neglect or carelessness of someone else, contact our office today to see how we can help. You can arrange for a no-obligation consultation to learn what rights you may have under the law.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
js_loader

HIMPRO BY HIMELFARB PROSZANSKI LLP

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

LOCATION

Toronto Disability Lawyers
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton Disability Lawyers
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton Disability Lawyers
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener Disability Lawyers
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa Disability Lawyers
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

Back To Top