Some Basics You Should Know...
If you have been injured, there are a number of things you need to know. The most important thing to remember is that there are strict time restrictions for commencing a lawsuit. These time restrictions are referred to as limitation periods  If you fail to sue the appropriate party within the limitation period, your claim will likely be barred forever. Therefore, to avoid missing an important deadline, you should contact our office as quickly as you can. We will advise you about the limitation period that applies to your specific case.

We will also advise you about some important steps you should take immediately after being injured in order to assist in developing your case.

The following list briefly outlines some of the steps that you should take following an injury:

• if you have insurance, contact your insurer immediately and keep notes of your conversation;
• keep all receipts to facilitate recovery of expenses and benefits (parking, mileage, meals, etc.);
• you should obtain the name and telephone number of any witness to the incident;
• if it is a "slip and fall" incident, take photographs of the area where the injury occurred;
• take photographs of your injuries to document their severity at the time they occurred;
• maintain a list of the surgical procedures that you have undergone;
• keep a journal of your medical appointments that you have had to attend;
• maintain a list of the medications that you must take as a result of your injuries; and
• keep a diary of your symptoms.

If you contact our office, we can tell you what other actions you should take at an early stage to protect your interests.

Injured in a Car Accident?  Know Your Rights!...
Many people who are injured in automobile accidents in Ontario believe that they do not have a right to sue for damages because of the no-fault insurance scheme. This is simply not true.

When Can I Sue the Other Driver for Damages?
Generally you can sue the driver responsible for the accident whenever you are injured in an automobile accident in Ontario or whenever a family member has been injured or killed. You may still sue the other driver even if you or the family member is partly responsible for the accident.

What Can I Recover if I Sue the Other Driver?
You can recover damages that will compensate you for your economic losses, your loss of earning capacity, your pain, suffering, loss of enjoyment of life, and for the loss of a family member’s care, guidance, and companionship. You can also recover damages for health care expenses if you suffer a catastrophic impairment.

Are There Restrictions Upon my Right to Sue for Damages?
Yes, there are important restrictions. Generally, there is no restriction upon your right to sue for the future income losses or your loss of earning capacity. However, you can only recover 80% of the net income losses you suffer prior to trial or settlement of your claim.

There are some restrictions upon your right to sue for damages if a family member should die in an accident. You can sue for any economic losses you suffer subject to the restrictions set out above. You can also sue for damages to compensate you for the loss of the family member’s care, guidance, and companionship. These damages are subject to a deductible of $15,000.00.  The deductible, however, does not apply to cases involving damages in excess of $50,000.00.

You can also sue for damages to compensate you for the pain, suffering, and loss of enjoyment of life you endure because of your injuries. You can only sue in this instance if your injuries pass a certain threshold. You must suffer a permanent serious disfigurement, or a permanent serious impairment of an important physical, mental or psychological function. These damages are subject to a $30,000.00 deductible.  The deductible, however, does not apply to cases involving damages in excess of $100,000.00.  It is often difficult to determine whether your injuries cross this threshold and you should always consult a knowledgeable lawyer about your right to sue for damages after you have been injured.

Are There Any Time Limitations?
Generally you have two years from the date of the accident to sue the other driver(s). However, this limitation period may be extended under certain special circumstances. It is prudent to sue the other driver(s) within two years of the accident.

Are There Any Steps I Should Take Right After a Collision?
You are required to notify the other driver(s) of your intention to sue within 120 days of the accident, however your failure to do so will not bar your right to sue for damages. You are also required to apply for accident benefits before you sue for damages.

What if the Other Driver Has No Insurance?
Or I Was Struck By a Hit-and-Run Driver?
You can still sue your own insurance company for damages if the responsible driver(s) has no insurance or if you were injured by a hit-and-run driver. You are insured in these circumstances under the Uninsured Automobile Coverage or the Unidentified Automobile Coverage of the policy if you have your own automobile insurance, if your spouse has automobile insurance, or if you live with your parents and are dependant upon them and they have insurance. You may also be covered where your employer, your spouse’s employer, or your parents’ employer provides regular use of a vehicle. Most people have insurance limits of $1 million and if you are unsure of your insurance limits then you should ask your broker.

What If I Do Not Have Any insurance and the Other Driver Does Not Have Any Insurance?
As long as you were not driving while uninsured, you could still sue for damages. Your only recourse for recovery is the Motor Vehicles Accident Claims Fund. The MVAC Fund is a government run program that acts as a safety net for those people who are injured by uninsured drivers or hit-and-run drivers and do not have any automobile insurance of their own.

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