Personal Injury Law

Personal Injuries are devastating and can result in permanent and serious impairments to your activities of daily life, such as your ability to work, participate in social and recreational activities, and your life at home with family. It is important that you contact a personal injury lawyer at your earliest opportunity so that you can focus solely on your recovery.

Types of Cases

Motor Vehicle Accidents
Slip/Trip and Fall Incidents
Short Term and Long Term Disability
Medical Malpractice

Common Injuries

Traumatic Brain Injury
Catastrophic Injury
Concussions
Fractures

Spinal Cord Injury
Chronic Pain
Tears
Whiplash

Depression
Anxiety
PTSD

Motor Vehicle Accidents

Most Personal Injury cases arise from motor vehicle accidents. In Ontario, regardless of fault, you will typically have access to no-fault accident benefits, which is governed by the Statutory Accident Benefits Schedule. If you were not at fault for the accident, you can claim no-fault accident benefits as well as commence a lawsuit against the at-fault party for damages.

Depending on your insurance policy, the following no-fault accident benefits may be available to you:

Medical and Rehabilitative Benefits.
Income Replacement Benefits
Non-Earner Benefits
Attendant Care Benefits
Caregiver Benefits
Death and Funeral Benefits
Housekeeping and Home Maintenance Benefits
Reasonable Expenses

If you were not at-fault for the motor vehicle accident, in addition to claiming no-fault accident benefits, you may also commence a lawsuit against the negligent party for the following heads of damages:

Pain and Suffering
Loss of Income and Competitive Advantage
Loss of Housekeeping and Home Maintenance Capacity
Future Care
Out of Pocket Expenses

Slip/Trip and Fall Incidents

In Ontario, the Occupier's Liability Act imposes on property owners and occupiers an obligation to ensure their indoor and outdoor premises are reasonably safe and free from hazards to patrons, such as an accumulation of ice and snow, potholes, sidewalk discontinuities, wet floors, and spills.

The Occupier's Liability Act imposes on slip and fall victims strict timelines, whereby they must advise the negligent party of their intention to commence a lawsuit within 60 days of the incident. If the incident occurred in public property, the notice period is to 10 days.

If you were involved in a slip and fall incident, you may commence a lawsuit against the negligent party for the following heads of damages:

Pain and Suffering
Loss of Income and Competitive Advantage
Loss of Housekeeping and Home Maintenance Capacity
Future Care
Out of Pocket Expenses

Short Term and Long Term Disability

If an illness or injury prevents you from returning to work, and you have access to short term and long term disability benefits, you may be entitled to a percentage of your income on an ongoing basis. Unfortunately, these benefits are commonly denied before you are able to return to work.

If your short term or long term disability benefits have been denied, you may commence a lawsuit against the insurer to have the benefits reinstated or be paid a lump-sum amount.

Medical Malpractice

Medical malpractice claims may arise from delayed/missed diagnosis, surgical errors, hospital, physician, and nursing errors, as well as a lack of informed consent.

These are complex claims, which require expert medical evidence in order to prove at least three elements:

Standard of care
Breach of standard of care
Causation

Once this has been established, you may be entitled to damages.