Questions & Answers - Personal Injury Law

CAN I CLAIM FOR INJURIES FROM A CAR ACCIDENT?

Motor vehicle accidents in Ontario have been governed, since 1990, by a system of  insurance referred to as no fault insurance. That system has changed several times over time and continues to evolve as a result of legislative changes and court decisions that interpret the law and your entitlement to claim compensation.

In effect when involved in a car accident, there are two separate and distinct potential  parts to a claim. The first, referred to as an ACCIDENT BENEFIT claim, is a claim all injured parties have, whether at fault or not and is usually a claim put forward to your own insurer. In certain circumstances, where you do not have your own insurance (i.e. as a pedestrian who does not own a car) these benefits will be claimed against the responsible vehicle's insurer or the motor vehicle accident claims fund if the other vehicle is uninsured.

Benefits available from an accident benefit perspective are numerous and varied. They include the potential to claim for income replacement benefits, non-earner benefits, attendant care benefits as well as medical and rehabilitation benefits. The benefits that you are entitled to as well as the amount of the same, depends upon the severity of your injury and how the injuries are impacting your life.

The second part of your claim is referred to as a TORT claim. If the accident was the fault of someone else you may be able to sue for pain and suffering. In order to pursue such a claim your injury must be seen as serious and permanent and exceed a monetary deductible. In addition to making a claim for pain and suffering, there may be other damages available to you with respect to claims for economic losses you may have suffered. Certain of these economic losses you are entitled to claim without the necessity of having to pierce the serious and permanent threshold as referred to above.

The legislation that governs your right to sue is complex and ever-changing. There are strict time limits you must be aware of and adhere to. These time limits will affect your rights!

lf you wish to pursue a claim you should immediately contact a member of our personal injury team for a free consultation in order to learn about your rights and and have all of your questions answered.


CAN I CLAIM IF I AM ATTACKED BY A DOG?

If you have been injured by a dog, you may be able to claim for your injuries and out-of-pocket expenses. The law in Ontario is very strict towards the owner of a dog that has caused an injury. Unless there are extreme circumstances, the owner will be responsible for the damages suffered. You should seek legal advice to determine your rights and to protect your claim.


DISABILITY CLAIMS

Many individuals who are unable to work may have coverage under short and long term disability plans provided through their employer or purchased privately. Often individuals are denied these benefits by insurers on the basis of insufficient proof of disability. Insurers will often argue that if you are suffering from injuries that cannot be demonstrated through XRays or MRls then you have no claim. That is simply not true! Often people may be disabled as a result of injuries such as chronic pain or other soft tissue injuries. Proof of these types of disabilities can often be difficult and it is essential the necessary evidence be obtained and submitted in a timely fashion. We would be pleased to answer your disability claim's questions and assist you with your appeal process.


CAN l CLAIM FOR AN INJURY CAUSED BY A FAULTY PRODUCT?

lf you have been injured as a result of using a faulty product, you may be entitled to claim damages. To receive compensation, it must be shown that someone is "responsible" for the injury. You may have a claim for damages if a company:

  • Has failed to properly inspect a product
  • Has used defective material in manufacturing the product
  • Has failed to provide adequate warnings


The law governing this type of claim is very complex and there are many strict time frames that must be adhered to. lf you have been hurt in this type of circumstance, you should seek legal advice without delay.


WHAT IF I FALL AND INJURE MYSELF?

There are many circumstances under which you may be entitled to compensation, if you are hurt in a fall. Some of the conditions under which you could make a claim for damages are:

  • Icy sidewalk or driveway
  • Damaged steps or walkway
  • Obstructed walkway
  • Slippery floors


To claim compensation, it must be shown that someone is "responsible" for your injury. Common claims involve someone neglecting to repair a faulty walkway or failing to properly sand or salt their driveway.

The legislation governing this type of claim is complex and there are many strict timeframes that must be met. Failure to do so may prove fatal to your claim. lf you have been hurt in circumstances similar to these, you should seek legal advice without delay. We would be pleased to answer any questions you may have regarding your right to claim compensation.

The above information is of a general nature and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.