A Guide to Filing a Personal Injury Claim in Ontario, Canada

Personal Injury Claim

Many people who live in Ontario, Canada would find it nice if getting a fair claim settlement was easy. Unfortunately, this is not always, the case. Negotiating a personal injury claim with an insurer can be a very stressful process. That is why you need the right guidance and tips on how to go about the process of filing a personal injury claim in Ontario, Canada.

The two factors to consider

There are two main factors to consider when filing for a personal injury law claim in Ontario. First of all, there is the claim issue and the case types that you’ll have to go through. You need to know about how the claims process is undertaken and the types of cases that pertain to personal injury in Canada and Ontario to be specific. Most common personal injuries in Ontario are as a result of car accidents, slips and falls. There are other cases where people are injured by defective products, work equipment and dog attacks just to name but a few.

Claiming compensation

Statistics show that more than 3 million people are injured in accidents every other year in different parts of the world. These injuries occur in cars, at home, at work or outdoors doing other activities. In most cases, someone else is at fault and thus the victim in this case has a right to compensation. Even though personal injury law in Ontario, Canada is complicated, with the help of a lawyer the process might turn out to be quite straightforward. Many lawyers in Ontario will offer you a free consultation in the first case and be able to tell if your case is justifiable or not. From there, the lawyer will be able to guide you appropriately.

Finding the right lawyer

If you do not have a lawyer already, there are many legal firms that you’ll come across online that might offer you what you need. Finding a lawyer is the first most important aspect to consider whenever you are pursuing the benefits of personal injury law. You might be forced to work with a number of law firms in Ontario before you find the most ideal one for you. When searching for a lawyer, make sure that they truly understand personal injury issues and that they can offer you the best form of legal representation.

When doing your searches, you ought to know what the lawyer might require from you. In order to establish the right details of your case, the lawyer would want to know;

  • The date and time of the accident and where it occurred
  • The contact details of the witnesses
  • Whether or not you are a member of a trade union
  • Details of your injuries, treatments and mental diagnosis
  • Proof of your loss of earnings or any other financial expenses that you have incurred as a result of the injury
  • Documents related to insurance policies that you have so as to know if they will cater for the legal costs of your claim

How your lawyer can help 

Once you have explained all your issues to the lawyer, they will be able to;

  • Know how likely your case is to succeed
  • Know how much you might be able to get in the compensation
  • Explain to you the legal processes that will be involved in taking the claim further into the corridors of justice.

Making your claim

Once you have found the most ideal lawyer for your personal injury law claim, the first step that they will take is to send a claim letter to the defendant. The letter should outline the details about your injuries and the circumstances in which that happened. Once the letter is served, the person whom you are holding responsible for the accident will have to reply to it within a certain fixed period. In their reply, they should state whether or not they accept liability for the injuries you suffered. If they accept liability, the lawyer will try and settle that matter out of court; otherwise the case has to proceed to the courts.

Court settlements

If it is not possible to settle for a fair amount of the claim out of court, your personal injury lawyer would advise you to commence the legal proceedings. You can use the legal route to get your compensation in the end. Allow the lawyer to take care of the court sessions and any other issues and only involve you when the lawyer or the judges deem it fit.

Assessing the damages

There are different ways through which damages are assessed in the case of a personal injury law suit. The main factors though are the nature of the injury, the main cause of the injury and the impact the injury poses on your ability to work and go about your daily activities.

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