🇨🇦 Canada · Personal Injury

Personal Injury Damages Calculator

Estimate general and special damages for a Canadian personal injury claim including pain & suffering, lost income, and future care costs.

General Damages (Pain & Suffering)
SCC cap on non-pecuniary damages is ~$430,000 in 2025 dollars.
Special Damages (Economic Loss)
%
Your Estimate
Non-pecuniary (pain & suffering)
$0
Past lost income
$0
Future loss of earning capacity
$0
Past medical expenses
$0
Future care costs (PV)
$0
Total estimated claim
$0

Legal DisclaimerThis calculator provides rough estimates for educational purposes only. Canadian personal injury damages are highly fact-specific. The figures should not be relied upon as legal advice or a valuation of your claim. Consult a qualified personal injury lawyer.

How Personal Injury Damages Are Calculated in Canada

Canadian personal injury law (outside Quebec, which follows civil law) awards damages under several distinct heads. The goal is restitutio in integrum — restoring the injured person, as much as money can, to the position they would have been in had the accident not occurred. Damages are broken into general (non-pecuniary) and special (pecuniary) categories.

The most significant limit in Canadian personal injury law is the Supreme Court of Canada cap on non-pecuniary general damages, established in the trilogy of 1978 cases (Andrews, Thornton, Arnold) and updated for inflation. The cap as of 2024 is approximately $450,000 CAD and applies only to the most catastrophically injured plaintiffs. Less severe injuries receive proportionally less.

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This calculator provides a rough estimate for planning purposes only. Actual damages depend on medical evidence, expert testimony, jurisdiction-specific rules, contributory negligence findings, and judicial discretion. Always consult a personal injury lawyer for case-specific advice.

Canadian Damages Formula
Total Damages = Non-Pecuniary General Damages + Past Income Loss + Future Income Loss + Past Medical/Rehab Costs + Future Care Costs + Other Special Damages - Contributory Negligence %

Worked Example

Worked Example
1
Plaintiff: 38-year-old software developer, serious knee and back injuries
2
Non-pecuniary general damages (pain and suffering): $180,000
3
Past income loss (18 months off work at $110,000/year): $165,000
4
Future income loss (reduced capacity, 20 years): $280,000
5
Past medical and rehabilitation costs: $45,000
6
Future care costs (physiotherapy, medications): $120,000
7
Contributory negligence finding: 15% (plaintiff not wearing seatbelt)
Result
Estimated award: ~$670,000 after 15% contributory reduction

Damages Benchmarks by Injury Severity

Injury CategoryNon-Pecuniary Range (2024 CAD)Notes
Minor soft tissue (sprains, strains)$25,000 - $75,000 non-pecuniaryFull recovery expected; low special damages
Moderate (disc herniation, fractures)$75,000 - $175,000 non-pecuniaryPartial recovery; some ongoing limitations
Serious (chronic pain, mild TBI)$150,000 - $300,000 non-pecuniarySignificant limitations on daily activities
Severe (spinal cord, amputations)$300,000 - $450,000 non-pecuniaryApproaching or at the SCC cap
Catastrophic (quadriplegia, severe TBI)At or near cap (~$450,000)Plus massive future care costs ($2M - $10M+)

Common Personal Injury Mistakes

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Settling too earlySettling before maximum medical improvement (MMI) locks in a number before the full extent of injuries — particularly future care needs — is known. Most experienced PI lawyers advise waiting for MMI before any settlement.
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Not documenting all lossesSpecial damages require receipts, records, and documentation. Undocumented expenses are often excluded or discounted. Keep records of every out-of-pocket cost from day one.
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Ignoring the cap on non-pecuniary damagesMany plaintiffs overestimate what pain and suffering damages will be awarded. The SCC cap applies to the most severe cases; moderate injuries receive substantially less than the cap.
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Missing limitation periodsIn most Canadian provinces, the limitation period for personal injury claims is 2 years from the date you knew or ought to have known about the injury and its cause. Missing this deadline bars the claim permanently.

If you're running this calculation, the soft tissue injury value calculator is usually worth checking too, while the spinal cord injury damages calculator and the traumatic brain injury damages calculator cover the questions that usually follow.

Frequently Asked Questions

Is there a cap on pain and suffering damages in Canada?
Yes. The Supreme Court of Canada established a cap on non-pecuniary general damages in the 1978 trilogy. The cap is inflation-adjusted and sits at approximately $430,000 in 2025 dollars. This cap applies only to the most catastrophic injuries.
What are special damages in a Canadian personal injury claim?
Special damages compensate for measurable financial losses: past lost income, future loss of earning capacity, past medical and rehabilitation expenses, future care costs, and out-of-pocket expenses. Unlike general damages, special damages must be proven with receipts and expert evidence.
How long do I have to file a personal injury claim in Canada?
Limitation periods vary by province. Most have a two-year basic limitation period from when you knew or ought to have known about your claim. Exceptions exist for minors and those under disability. Consult a lawyer immediately after any injury.
Will my settlement be taxable in Canada?
In Canada, personal injury settlements and court awards are generally not taxable. However, income earned on invested settlement funds may be taxable. Consult a tax advisor for your specific situation.

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