No one expects to suffer a traumatic injury because someone was negligent. But when it happens, you need to take action quickly to protect yourself. The personal injury laws in Ontario give you options, but you need to assert your rights because victims often suffer in more ways than one, and the financial impact of an injury can be severe.
Donnelly Murphy Lawyers has represented the injured in Southwestern Ontario for over 90 years. Let us handle your personal injury claim and explain what you’re entitled to under the law. Learn more about your right to compensation and other relevant personal injury laws that could affect your case.
Your Right to File a Personal Injury Claim in Ontario
Personal injury claims are designed to make injury victims financially whole for the harm they endured. A personal injury claim lets you seek compensation for your suffering, but only when another party is at fault.
Some typical accidents that warrant an Ontario personal injury claim include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Dog bites
- Premises liability cases
- Defective product accidents
- Medical malpractice
If you’ve been injured in any of these or another incident, you may have grounds for a claim. Ontario personal injury law only requires that another party’s negligence resulted in your injuries and subsequent damages.
Ontario’s Statute of Limitations for Injury Claims
Your right to pursue personal injury compensation is not absolute. There are specific laws you’ll need to follow.
The Limitations Act states that personal injury claims in Ontario must be filed within two years of discovery. This means that your claim must be filed within two years of the date that you discovered or should have discovered your injuries.
This may seem like plenty of time, but these deadlines approach quickly. Failure to file your lawsuit before the statute of limitations expires could be ruinous for your claim and the courts will bar you from being awarded compensation.
The Personal Injury Claims Process in Ontario, Canada
There are several ways you can get the compensation you deserve in your personal injury claim. Every case is different. Generally, the process begins with you contacting a lawyer. Your lawyer can then figure out who is at fault for the accident. During this time, they will gather evidence to support your case.
Once you know who is liable, the next step is to commence a claim with the at fault party’s insurance company.
While most personal injury claims reach a negotiated settlement, preparing a case for the courtroom strengthens your claim, puts you in an advantageous position to negotiate, and demonstrates that you won’t simply accept a quick settlement. In short, going to court is sometimes the best way to hold negligent parties accountable and secure full and fair compensation for your losses.
Damages to Include in Your Personal Injury Claim
You have the right to be made whole when someone else is responsible for your injuries. This means you should be compensated for all the ways your life has been affected. In addition to covering your medical bills, if you couldn’t work you are entitled to your lost wages, and to compensation for the pain and suffering you experienced.
Your lawyer will need evidence to document your losses, but you may be entitled to damages that include your:
- Lost wages
- Medical expenses
- Physical pain
- Emotional distress
- Lost quality of life
- Loss of consortium
- Property damage
- Loss of household services
It is important to note that there is a cap on non-economic damages in Ontario. These include awards for your pain and suffering. Currently, the maximum award is nearly $400,000. Your personal injury lawyer will be responsible for calculating the value of your claim. We will ensure that no loss goes unaccounted for.
Contact an Ontario Personal Injury Lawyer
If you suffered severe injuries in an accident caused by another, you might have the right to financial compensation through a personal injury claim. The legal team at Donnelly Murphy Lawyers is ready to help.
Schedule your no-cost, risk-free consultation when you call (519) 524-2154 or contact us online. We’ve been assisting the good people of Ontario since 1930 and are ready to answer your questions, explain your options, and help find a solution.