Personal Injury

What Constitutes a Personal Injury Claim?

This phrase is used as a “catch all” by law firms the world over. It sounds simple but there is really quite a bit to it, starting with what kind of injury, the event leading to the injury and the damages caused by the injury.

Motor Vehicle Accidents

In Ontario we have a complicated system of Laws and Regulations that govern when and how you can take steps to recover your losses if you have been injured in a motor vehicle accident. Ontario is a “no fault” Province for purposes of applying for and receiving accident benefits under the Statutory Accident Benefit Schedule (SABS). This means regardless of who caused the accident you can have lost wages and medical expenses paid by your own insurance company. If you do not have insurance, then you apply to the insurance company covering the vehicle in which you were travelling. It gets more complicated if you need to look beyond that for coverage but it is our job to locate the insurer who should provide the coverage for your immediate accident related expenses.

Next, we turn to the issue of liability. This means locating and determining who is at fault for the accident. Usually tracking down a copy of the police report will answer this question. If charges were laid against one driver and their information was accurately reported, the at fault party, and their insurance company, are put on notice that you intend to make a claim to recover your losses arising from the motor vehicle accident. Once the insurance company responds we will work with them to resolve your claims without commencing court proceedings if possible. The time limit to issue a court action is two years from the date of the motor vehicle accident if the matter cannot be resolved.

Accident Benefits do not completely reimburse all of your out of pocket expenses or loss of income. Recovery of those amounts from the at fault party is possible but must be quantified. Future anticipated losses are calculated and claimed.

If your claim cannot be resolved before the two year anniversary of your motor vehicle accident injuries we proceed to issue a court action. The injured person must have reached maximum medical recovery in order for us to be able to assess and negotiate their damages. If maximum medical recovery is not 100% it may also be necessary to obtain expert medical evidence for future prognosis. This is done to ensure that all future needs are taken into consideration.

There are time limits for all of the steps to be taken when you have been injured in a motor vehicle accident. Accordingly, it is important to contact us as soon as possible following your injury. If necessary, we will make arrangements to come to the hospital or your home.

Slip & Fall injury claims

A fall that is caused by the negligence of another person, or entity, that causes serious injury, should be investigated. The negligence could be leaving ice on a walkway, failure to repair an uneven walking surface, or unsafe stairs. If the negligent party owed you a duty of care, and you have serious injuries, a claim can be made for compensation.

If your injury occurred on Municipal Property it is imperative to put the Municipality on notice within 10 days of the injury. This notice must be in writing.

Municipal Act, 2001, S 44 (10), City of Toronto Act, 2006, S 42 (6)

A duty of care is owed to you under many circumstances. If you are a patron of a business, a visitor at an event, or a visitor in the home of a friend. Under ideal circumstances the scene of the fall should be documented immediately. This is not always possible as it is more important to get medical attention, but being able to identify the exact location of your fall is important. Even if you are not able to meet with a lawyer immediately it would be helpful to have a family member photograph the area and the reason for your fall.

With falls, there is no mechanism for recovering your losses unless you make a claim against the party at fault for your fall. Contact Brown Law to schedule a free initial consultation.