Answering Your Questions About Personal Injury Law

If you’ve been injured due to someone else’s negligence, it can feel unfair. Whether you were in a car accident, slipped on icy pavement, or suffered harm from medical malpractice, understanding your rights is essential. You have the right to file a personal injury claim; however, the process may seem overwhelming, especially when you’re suffering. In this article, we answer some of the most frequently asked questions about personal injury law.

1. What is Personal Injury Law?

Personal injury law deals with cases where an individual suffers physical or psychological harm because of another party’s negligence or wrongdoing. Common examples include:

• Motor vehicle accidents

• Slip and fall incidents

• Medical malpractice

• Defective products

• Dog bites

The goal is to provide compensation to victims for losses such as medical expenses, lost income, and pain and suffering.

2. How Long Do I Have to File a Claim?

Ontario’s Limitations Act, 2002 sets a general two-year limitation period for personal injury claims. This means you must start your lawsuit within two years of discovering your injury and its connection to the incident. There are exceptions for minors and cases involving delayed discovery. Additionally, certain claims, such as those against municipalities, require notice within 10 days. If you miss these deadlines, you may be barred from seeking compensation.

3. What Types of Compensation Can I Claim?

Compensation in Ontario personal injury cases typically includes:

• Medical Expenses: Costs that are not covered by OHIP or insurance.

• Lost Income: Compensation for any past and future earnings that are affected by the injury.

• Pain and Suffering: Non-economic damages for reduced quality of life (capped at about $469,000 for the most severe cases).

• Out-of-Pocket Costs: Travel, home care, and rehabilitation expenses.

Family members may also claim for loss of care, guidance, and companionship under the Family Law Act.

4. Do I Need to Go to Court?

It’s quite unlikely. Most personal injury cases in Ontario settle through negotiations with insurance companies. Only about 4% of claims go to trial. However, litigation may be necessary if the parties cannot reach a fair settlement. Having an experienced personal injury lawyer ensures you’re prepared for either outcome.

5. How Does Ontario’s “No-Fault” System Work?

Ontario operates under a no-fault insurance system for motor vehicle accidents. This means you can access accident benefits from your own insurer regardless of who caused the crash. These benefits cover medical costs, income replacement, and rehabilitation. If your injuries meet the threshold of “serious and permanent”, you may also be able to sue the at-fault driver for additional damages.

6. Should I Speak to the Insurance Adjuster?

It’s best to consult a lawyer before speaking with an insurance adjuster. Insurance companies aim to minimize payouts, and any statement that you provide could be used against you. A personal injury lawyer will protect your rights and negotiate on your behalf.

7. How Do I Start a Personal Injury Claim?

The personal injury claim process generally involves a few steps:

1. Seek Medical Attention: Document your injuries.

2. Gather Evidence: Photos, witness statements, and medical records.

3. Consult a Lawyer: Most work on a contingency basis, meaning you pay only if you win.

4. Notify the At-Fault Party: Your lawyer will handle this step.

5. File a Statement of Claim: This initiates the lawsuit if settlement isn’t possible.

If You’ve Been Injured in Sudbury, Contact Paquette & Paquette Today

Personal injury law in Ontario is complex, but you don’t have to navigate it alone. Consulting an experienced law firm early, such as Paquette & Paquette, can help you meet deadlines, gather evidence, and secure fair compensation. If you’ve been injured, act promptly and give us a call. Your rights and financial future may depend on it.