If you have been injured, we
recommend that:
- You immediately attend at a
Hospital emergency department, or see your family physician to receive treatment
and medical substantiation for your potential claim;
- If possible, arrange to have
photographs taken immediately of the location of your injury and any physical or
medical evidence of your injury;
- If possible, obtain name,
address and telephone numbers of witnesses;
- Obtain legal advice from a
qualified personal injury lawyer as soon as is possible regarding your potential
claims and time limits that may apply.
You may have be entitled to monetary
compensation, if:
-
You have been in a motor vehicle accident (M.V.A.) in Ontario and sustained a
permanent, serious impairment of an important physical, mental or psychological
function or a permanent, serious disfigurement due to the negligence or
fault of another driver;
- You have suffered a personal injury due to a fall caused by ice, unsafe
construction, property debris or poor property maintenance;
- You have been injured at a retail or commercial location, parking lot or private
property;
- You have been injured due to a deficient or unsafe product, an intentional act,
or a crime;
- You have had a personal injury due to malpractice, negligence or fault of
another;
- You have been injured at your workplace or in the performance of your employment
duties;
- You are the spouse, parent, care giver, child or sibling of a person who has
been injured or fatally injured in an accident or mishap.
Damages may be awarded under Ontario
law to injured parties for:
- Their pain, suffering, emotional distress and loss of enjoyment of life;
- Lost wages or income and other financial losses;
- Costs of medications, prosthetics, therapy and necessary treatments;
- The costs of future medical needs, and future economic losses;
- Out of pocket costs and expenses;
- Claims by family members of injured parties who have suffered a loss of care,
companionship and guidance or financial losses and costs;
- Legal costs incurred in pursuing a claim for your damages;
- Retroactive, pre-judgment interest on any awards or settlement obtained.
Limitation Periods and Notice
Requirements:
Strict, statutory
deadlines may apply in certain circumstances. These deadlines require
injured individuals to deliver early, written notice of personal injury claims.
For example, under the
Ontario Municipal Act, if you have been injured on a municipal roadway or
bridge in Ontario, formal written notice of your claim must be provided
within ten (10) days to the municipality responsible for your injury (unless
certain strict exceptions apply). If you have been injured in a motor vehicle
accident in Ontario, notice of your intention to commence an action for loss or
damage from bodily injury or death must be delivered to the at-fault party's
insurer within 120 days of the accident, in most circumstances.
Seek legal representation by
a qualified personal injury lawyer immediately in such circumstances to
protect your interests and to ensure that timely notice is delivered, as
required.
A court action must, in most
circumstances, be commenced within two years of the date of an accident or
injury. If the injured party is a minor, the two year period commences
when age of majority is reached.
Accident Benefits & Compensation for
Victims of Crime
Under Ontario law,
no-fault accident benefits may be available if you have been injured in
motor vehicle accident. Ontario's Statutory Accident Benefits Schedule
(SABS) provides for various coverages to pay the costs of medical treatment,
required therapy, medication costs and out of pocket expenses. Benefits
are also available to partially compensate for wage and income loss. Those who
are unemployed at the time of an accident may also qualify for ongoing benefit
payments, pending their recovery.
Persons injured as a result
of a criminal act may pursue civil actions in Ontario Courts, as well as
statutory compensation claims at the Canadian Criminal Injuries Compensation
Board (CICB), whether or not a conviction arises as a result of the criminal
act..
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