How to file a personal injury claim in Ontario

You’ve been injured. What next?

Navigating the aftermath of an injury can be overwhelming, especially when it comes to understanding your rights and the legal processes involved. In Ontario, if you’ve been injured due to someone else’s negligence, you may be entitled to compensation. This guide will walk you through the steps to file a personal injury claim.

Step 1: Seek immediate medical attention

Your health is the top priority, full stop. After an accident, seek medical attention as soon as possible, even if you feel fine. Some injuries may not be immediately apparent. A medical professional can assess your condition, provide necessary treatment, and document your injuries, which is crucial for your claim. Make sure to communicate any and all symptoms that you may be feeling.

Step 2: Gather evidence

Evidence is key to proving your claim.  Start collecting as much information as possible, including:

• Photographs: Take pictures of the accident scene, your injuries, and any property damage.

• Witness Statements: If there were witnesses, gather their contact information and ask for a brief statement about what they saw.

• Accident Reports: Obtain a copy of any official reports, such as police or workplace incident reports.

• Medical Records: Keep a detailed record of your medical treatment, including doctors’ notes, prescriptions, and receipts for any expenses.

You might consider contacting a lawyer prior to this step as they can help identify what’s important and where to find it.

Step 3: Consult with a personal injury lawyer

Navigating a personal injury claim can be complex, and having a legal expert on your side can make a significant difference. A personal injury lawyer will help you understand your rights, negotiate with insurance companies, and ensure you receive fair compensation. Most personal injury lawyers in Ontario, including Harrison Pensa’s personal injury lawyers, offer a free initial consultation and work on a contingency fee basis, meaning you only pay if you win your case.

Step 4: Notify the responsible party

In Ontario, you are often required to notify the at-fault party or their insurance company about your intention to file a claim. This notification should be made as soon as possible, ideally within a few days of the accident. Your lawyer will have the experience to identify all responsible parties and should complete this requirement on your behalf. Specific notice deadlines to be aware of include:

INCIDENT	NOTICE DEADLINE
Slip & Fall on Ice or Snow	60 days from the date of the incident
Slip & Fall of Any Kind on Municipal Property	10 days from the date of the incident
Libel	6 weeks from date of discovery

While there may not be requirements for other injuries, it is good practice to provide a notice letter regardless, as this could affect the date from which prejudgment interest is available to the plaintiff.

Step 6: File your personal injury claim

Most personal injury claims must be commenced within 2 years from the date of the incident pursuant to Ontario’s Limitations Act. To officially start your claim, your lawyer will file a Statement of Claim with the Ontario Superior Court of Justice. The Statement of Claim outlines your allegations against the at-fault party and the compensation you are seeking. Once the claim is filed, the defendant has 20 days to respond if they are in Ontario, 40 days if they are outside Ontario but within Canada or the United States, and 60 days if they are elsewhere.

In the context of car accidents, your lawyer will also help you with claiming accident benefits pursuant to the Statutory Accident Benefits Schedule. This claim is separate and distinct from any action based on negligence against the at-fault party or parties.

Step 7: Discovery, negotiation, and settlement

Over the following months, documentary evidence will be shared between the parties and examinations under oath may take place. Your lawyer will use this evidence to negotiate with the defendant’s insurance company in an attempt to reach a fair settlement. You might be surprised to know that an estimated 90% of personal injury cases settle prior to trial. Further, a settlement can occur any time between the sending of a notice letter and the rendering of a decision by a Judge or jury.

Step 8: Going to trial (if necessary)

If a settlement cannot be reached, your case may proceed to trial. The timeline for personal injury cases to reach trial is often 3-5 years but can vary depending on the individual case’s circumstances. During the trial, both sides will present evidence, and a judge or jury will determine the outcome. Your lawyer will represent you throughout the trial, advocating for your right to compensation.

Step 9: Receiving compensation

Assuming your claim is successful, you will receive compensation for your injuries, which may include coverage for medical expenses, lost wages, pain and suffering, and other related costs. The amount of compensation will depend on the specifics of your case and the impact of the injury on your life. It’s also important to be aware of the ability for you to recover any judgment from the at-fault party or parties. This is rarely a problem when parties have insurance, as the insurer will pay the judgment, but an uninsured defendant will not have the same resources.

Free consultations

Filing a personal injury claim in Ontario can be a daunting process, particularly in the aftermath of serious and life-altering injuries. This is why the personal injury lawyers at Harrison Pensa offer free consultations and contingency fee agreements that absorb the risks of litigation on behalf of their clients.

Don’t hesitate to reach out and begin a claim. Consulting with a personal injury lawyer early on can make all the difference, not only in the outcome of your lawsuit but potentially in your recovery. You can trust our lawyers to handle your claim effectively so that you or your loved ones can focus solely on getting better — we know better than most that no compensation can replace your health.

Andy Rady is a Partner at Harrison Pensa and leads the Personal Injury Practice Group. His practice focuses on plaintiffs’ personal injury cases, disability insurance claims, alternative dispute resolution, and litigation.

Brandon Bedard is an Associate and personal injury lawyer at Harrison Pensa. He specializes in disability claims, car accidents, slips and falls, sexual assault matters, defamation, and occupiers’ liability.

Image credit: ©Lightfield Studios – stock.adobe.com