Practice Area

Personal Injury

Clear guidance when an injury affects your health, work, finances and plans for the future.

Subject to confirmation of the circumstances, the practice may assist with:

• Motor vehicle collision claims
• Injuries to drivers, passengers, pedestrians and cyclists
• Ontario statutory accident-benefit claims and disputes
• Slip-and-fall and trip-and-fall claims
• Injuries caused by unsafe property conditions
• Other negligence claims involving bodily injury
• Claims involving income loss, treatment expenses and care needs
• Claims arising from fatal injuries and losses experienced by eligible family members

An Ontario motor vehicle injury can involve more than one claim. Accident benefits may be available through an automobile insurer regardless of who caused the collision. A separate claim against an at-fault person may also be available where the legal requirements are met.

The benefits available can depend on the policy, when it was entered into, the coverage purchased, the nature of the injury and the claimant’s eligibility. Reporting and application requirements may arise quickly. Early review can help identify the appropriate insurer, the required forms and the evidence needed to support the claim.

We can review issues involving:

• reporting the collision and applying for benefits;
• medical, rehabilitation and attendant-care needs;
• available income-related or other optional benefits;
• disputes about entitlement, treatment plans or impairment classification;
• uninsured or unidentified vehicles;
• fault, liability and available insurance;
• the relationship between an accident-benefit claim and a civil claim; and
• settlement proposals and releases.

Property owners and occupiers may have legal duties concerning the safety of people entering the premises. A fall or other injury does not automatically establish liability. The condition of the property, the conduct of the parties, inspection and maintenance practices, warning signs, weather, footwear, lighting and other evidence may all matter.

Some claims involving municipalities, snow or ice, government bodies or particular types of property may have special notice requirements. Prompt advice can help preserve evidence and avoid assumptions about the applicable deadline.

Health and safety come first. Depending on the circumstances, useful early steps may include:

• Obtain appropriate medical attention and follow reasonable treatment advice.
• Report the incident to the police, property owner, occupier, employer or insurer where appropriate.
• Photograph the location, vehicles, hazards, injuries and damaged property if it is safe to do so.
• Record the names and contact information of witnesses.
• Preserve footwear, damaged items, electronic records and other potential evidence.
• Keep copies of medical notes, prescriptions, receipts, insurance forms and correspondence.
• Track missed work, assistance received and changes to ordinary activities.
• Avoid posting details about the incident, injuries or claim on social media.
• Obtain advice before signing a release or accepting a final settlement.

A personal injury claim commonly requires evidence about:

• how the incident happened and who may be legally responsible;
• the connection between the incident and the injuries claimed;
• medical diagnosis, treatment, prognosis and functional limitations;
• income loss and the effect on the person’s ability to work;
• treatment, rehabilitation, care and out-of-pocket expenses;
• assistance provided by family members or others;
• the effect of the injury on daily life and important activities; and
• available insurance and the defendant’s ability to satisfy a judgment.

The medical picture may evolve over time. A careful assessment should account for both present losses and reasonably supportable future needs without overstating what the evidence can prove.

Ontario law imposes limitation periods on personal injury claims. In many civil matters, the basic limitation period is tied to when the claim was discovered, but exceptions and different notice requirements can apply. Insurance policies and statutory benefit regimes may impose additional deadlines.

Do not assume that every claim has the same deadline or that there will always be two full years to act. The identities of the parties, the location, the type of incident and the claimant’s circumstances can change the analysis.

What you can expect

• A careful review of the facts and documents
• Plain-language advice about available options
• A strategy shaped by your priorities and the realities of the matter
• Candid communication about process, risk and cost