Personal Injury Law Ontario: Lawsuit Compensation & Claims Process

The type of personal injury law Ontario follows provides a framework for those who have been injured due to another party’s negligence to seek compensation. However, the process can be complex, involving multiple steps such as filing a claim, negotiating with insurance companies, and gathering the right evidence.

While many cases are settled outside of court, others may require further legal action to secure a fair outcome. Understanding how compensation is calculated and what to expect from the legal process can make all the difference, but each case comes with its own unique challenges.

Personal injury law Ontario guide

Personal injury law in Ontario is designed to protect individuals who suffer injuries due to the negligence or wrongdoing of others. The purpose of these laws is to provide victims with a way to seek compensation for damages such as medical expenses, lost income, pain and suffering, and more. Ontario’s laws also ensure that responsible parties are held accountable. The personal injury lawsuit process Ontario follows is influenced by tort law, which allows injured parties to sue the at-fault individual or entity.

In Ontario, specific rules such as the Statutory Accident Benefits Schedule (SABS) apply to certain personal injury claims, such as those arising from car accidents. This schedule outlines benefits available to accident victims regardless of fault, which may include medical and rehabilitation costs, income replacement, and more.

A variety of situations and types of personal injury sustained can lead to the right to file a personal injury claim in Ontario. Some of the most common include:

• Car accidents: Injuries sustained in car collisions often lead to claims for medical bills and other damages. Learn more about filing a claim for car accidents.
• ATV accidents: All-terrain vehicle accidents can cause severe injuries, and victims may seek compensation. Details can be found on ATV accidents.
• Bike accidents: Injuries from bike crashes can entitle you to a personal injury claim for your medical expenses and lost income. Learn more about bike accidents.
• E-bike accidents: Electric bikes can also result in serious injuries, and victims may pursue compensation. Learn more about e-bike accidents.
• Boat accidents: Boating accidents can lead to significant injuries, allowing victims to file for compensation. Visit boat accidents for more details.
• Motorcycle accidents: Motorcycle crashes often result in severe injuries, and victims can pursue claims. More on motorcycle accidents.
• Brain injuries: Traumatic brain injuries can have life-altering effects, leading to substantial claims for long-term care. Learn more about brain injury.
• Pedestrian accidents: Pedestrians injured by vehicles can claim compensation for their injuries. Learn more about pedestrian accidents.
• Rideshare accidents: If injured in a rideshare accident, you may be entitled to compensation. Learn more about rideshare accidents.
• Slip and fall accidents: Property owners can be held liable for negligence resulting in slip-and-fall injuries. More on slip and fall accidents.
• Truck accidents: Victims of truck accidents can file a claim for significant injuries and damages. Read more about truck accidents.
• Burn injuries: Burns can lead to long-term medical care, entitling victims to compensation. Learn more about burn injury.

If you need help with a personal injury claim or want to understand more about the Ontario personal injury lawsuit process, contact us today. Our Ottawa personal injury lawyer team can provide the guidance you need to ensure your rights are protected and help you pursue the compensation you deserve.

Filing a personal injury lawsuit in Ontario

Filing personal injury lawsuits in Ontario requires understanding specific legal steps, deadlines, and what can be claimed. If you’ve suffered an injury due to someone else’s negligence, following the correct personal injury claim process ensures you can seek appropriate compensation for your losses.

Ontario has a unique rule known as the verbal threshold, which applies to car accident claims. This threshold means that only those with serious and permanent impairments, such as a significant disability or disfigurement, can sue for pain and suffering. This rule limits the types of injuries that qualify for non-pecuniary damages, making it important to understand whether your injury meets this rule.

Initiating the claim

When filing a personal injury lawsuit in Ontario, you may claim compensation for several damages:

• Medical expenses: Past, current, and future medical bills related to the injury.
• Lost wages: Compensation for income lost due to the inability to work.
• Pain and suffering: Non-economic damages for emotional and physical suffering.
• Loss of future earning capacity: If your injury affects your ability to earn an income in the future.
• Rehabilitation costs: Coverage for physiotherapy, counseling, or other recovery-related expenses.

The first step in the claims process is to gather all necessary information, including medical records, accident reports, and any evidence that supports the claim. Next, you must file a statement of claim with the Ontario court to formally start the lawsuit. 

Gathering evidence for personal injury claims in Ontario

Collecting thorough and accurate evidence is a critical component of the claim process. You will need to gather:

• Medical records: Documenting your diagnosis, treatment, and the extent of your injuries is vital.
• Accident reports: This could include police reports or other official documentation detailing the incident.
• Witness statements: Accounts from people who saw the accident or its aftermath can support your case.
• Photos and videos: Visual evidence of the accident scene, injuries, and property damage can strengthen your claim.
• Expert testimony: In some cases, expert witnesses, such as medical professionals or accident reconstruction specialists, may be necessary to prove negligence or the extent of damages.

Gathering this evidence early on will improve your chances of a favorable outcome and may help in negotiating a settlement without the need for lengthy litigation.

Negotiating personal injury compensation

After gathering evidence, the next step is often personal injury litigation, where negotiations for compensation take place. Most cases are settled out of court through negotiations between your lawyer and the at-fault party’s insurance company or legal representative. During this process:

• Initial offers: The insurance company will often make an initial settlement offer, which may be lower than the actual value of your claim.
• Counteroffers: Your lawyer will evaluate the offer and present a counteroffer based on the damages you are entitled to, including medical expenses, lost wages, and pain and suffering.
• Mediation: If both parties are far apart on settlement figures, mediation may be used to facilitate a resolution without going to trial.

One of the most common questions when receiving a personal injury settlement is, “Is settlement money taxable in Canada?” Fortunately, in most cases, settlement money awarded for personal injury claims, such as compensation for pain and suffering or medical expenses, is not considered taxable income in Canada.

This includes both lump sum settlements and structured settlements. However, any interest earned on the settlement funds after they have been received may be subject to taxation. Successful negotiation can save time, legal costs, and the uncertainty of a trial, but having a personal injury lawyer in Ontario is key to ensuring you receive fair compensation.

Deadlines

The general statute of limitations Ontario follows is two years from the date of injury. This means that you must file your claim within two years of the incident; otherwise, you may lose the right to sue. However, certain circumstances can extend this timeframe. For instance, if the injured party is a minor, the two-year limit begins once they turn 18.

Similarly, if the injured person is unable to discover the injury immediately—such as in cases of delayed symptoms—the limitation period may be extended. In some cases, like injuries involving municipal liability, the deadline can be much shorter, requiring notice to be given within 10 days of the incident.

Need help with a personal injury case in Ontario?

Filing claims for personal injury cases in Ontario can be challenging, especially when determining the best way to proceed after an injury. Whether you were involved in a car accident, slip and fall, or suffered an injury due to someone else’s negligence, you may have the right to sue for personal injury and pursue compensation for medical expenses, lost wages, and pain and suffering.

If you’re considering filing a personal injury claim, it’s necessary to work with an experienced personal injury lawyer who can guide you through the steps required to sue for personal injury claims. This includes gathering necessary evidence, negotiating with insurance companies, and ensuring you meet the time limit for filing your claim. Many personal injury cases are settled before trial, but having a lawyer ensures you are prepared to proceed to court if needed.

If you need assistance with your claim, contact us for a free consultation. Our team is ready to provide the legal representation you need to secure fair compensation for your injuries. Let us help you understand your rights and the steps to take in your case.