Know Your Rights:

This is one of the most common questions that personal injury victims have. The truth is that there is no way to answer this question without considering the unique facts of each individual case. After an injury, the value of one’s case depends on various factors such as the degree of fault or liability involved, the impact on their quality of life as compared to before, the nature of the injury itself and the need for past and future medical expenses and care needs. It is also important to take into account whether there is an income loss due to one’s inability to continue working at their pre-injury level of function or at all. These factors will play out differently in every case and there is no “one size fits all” when it comes to what an injury case is worth.

Generally speaking, in Ontario you have two years from the date of the incident to commence a lawsuit. If you are a minor at the time (under 18 years of age) then you would have two years from the date you turn 18 to start your lawsuit.  It is very important that you start your claim within this timeframe as late claims may result in you losing your right to sue forever. There are certain types of harms for which limitation periods may not apply at all, such as sexual abuse claims.  There are also situations where claims can be commenced after the prescribed limitation period based on the doctrine of “discoverability”. It is always best to speak with an experienced injury lawyer to properly advise you of these rights.

This is a common question with no clear answer as every case is different. Cases usually take 2-3 years from start to finish. That being said, this is a very rough approximation. There are some cases that can be resolved in a few months. Other cases can take more than 5 years. The factors that affect the length of a case may vary from case to case. Some of these factors may include issues with locating parties or legal procedural issues that can affect the length of a case. For example, disputes may arise over certain elements of a case such as documentary production obligations. The proceedings may also tend to be lengthier if there are lots of parties involved, which can create delay with scheduling hearings and completing examinations for discovery of multiple parties.

Generally speaking, most parties being sued in personal injury actions will have liability insurance to protect them. This means they will usually have an insurance company to respond to and defend the litigation and entertain any settlement or payout on their behalf. For example, in Ontario it is mandatory for all drivers to have auto insurance. Therefore, after a car accident, the other driver’s insurance company would generally respond to the claim, not the driver personally. Similarly, if you had a slip and fall on a property and injured yourself due to the property owner’s negligence, the property owner would usually have liability insurance to cover such claims. It is not the case that they would be personally exposed unless they didn’t have insurance. Most businesses do. If you were injured on the premises of a private home due to the negligence of the property owner in failing to keep their premises reasonably safe, there would likely be insurance coverage under the home insurance policy. In fact, most home insurance policies even respond to dog bites brought against their insured home owners, even when the dog attacks occur off the property.

The great majority of cases in Ontario do not end up going to trial. Trial is usually the very last stage of litigation. It will be expensive and risky to take a case all the way to trial for either side. As a result, most cases will resolve before trial. Starting a claim is merely the beginning of the litigation process and it is usually years removed from the trial date. However, that doesn’t mean that during the process you won’t still be questioned by the other lawyer under oath, be assessed by doctors from either side to obtain medical opinions or attend a mediation. With the right lawyer in your corner, you will be well prepared for these events even if trial isn’t a likely situation. That being said, all cases must be prepared for as if they will be going to trial.

In the context of car accidents, no matter whether or not you are at fault, you can always pursue a “no fault” claim through your accident benefits auto insurer for a host benefits. These benefits include income replacement, medical and rehabilitation and attendant care benefits.  In other cases, fault can be split in different proportions given the facts of the case. For example, if a party slipped and fell on a poorly maintained staircase in part because they were running and not keeping a proper lookout, a court could in theory apportion liability in any number of ways. Being at fault is not necessarily a bar to recovering compensation but the degree of fault is important as the more at fault one is, the less money they would likely recover.

Most injury lawyers work on a contingency fee basis. This means there are usually no initial legal fees payable up front. Instead, the legal fees are paid out as a percentage of the settlement or award at the conclusion of the case after deducting the firm’s expenses. This allows injured clients to retain the services of lawyers without having to worry about finding the money up front. This promotes greater access to justice by enabling injured clients to get the treatment they need and start a claim without the added financial burdens on top of their already difficult situation.

It is very important to understand that as an injury claimant, the onus is on you to prove your case. The battle grounds in most injury lawsuits are centred around who is at fault but also on the nature of the injuries, future medical needs and income loss. This will require obtaining the necessary supporting documents to support your case. This would require continuity of treatment and regular follow up with your treating healthcare professionals.  There are many seriously injured people who choose not to be active in their treatment. This can be problematic as insurance companies will simply conclude that lack of treatment means absence of impairments. While this is often not the case, it may be difficult to counter these assumptions without the necessary treatment records. It is also important to secure witness statements from those who can speak to your limitations in different aspects of your life to assist in proving your impairments and limitations in all facets of your life. With that being said, there is no substitute for discussing these maximization strategies with an experienced personal injury lawyer.