Ontario Personal Injury Laws

We all know that every year, thousands of people undergo personal injuries due to drunken and negligent driving leading to motor vehicle accidents. However, not every citizen understands his or her legal rights and fails to pursue the legal course due to their ignorance.

Residents of Ontario need to be aware of two of the most significant rights which entitle them to recover damages from the person who caused the injuries.

These rights will enable Ontarians to guard themselves against any unscrupulous elements that might deprive them of their lawful due or compensation in the event of an accident. We provide details of the two most significant rights and the limitations below.

The Right to sue for Personal Injury Claims (Ontario)

There are many different kinds of personal injury causes of action that are recognised by the courts in Ontario. The law allows the affected person to make a legal claim for recovery, if the facts are proven. These claims can be made in case of automobile accidents due to the driver’s negligence and resulting in injury or disability. Such claims include medical malpractice, defective products, long-term disability or wrongful death and can be pursued and settled through negotiations in court. The important point to remember is that this right to sue for a cause of action is subject to time limits and other restrictions.

Time Limits on Personal Injury Lawsuits (Ontario)

Are you aware that there is a time limit within which a person can file a legal suit about a personal injury claim? If you are the victim of an accident and do not file a suit within the time limit, then you may not be able to claim at all.

According to the Act of Limitations, any lawsuit must be filed by a person within two years of discovering the claim. However, there are exceptions in the case of a minor and the time limit begins after he or she attains the age of 18.

According to the law, a person discovers his or her claim on the date the injury occurs. However, this can be denied because in case of a medical injury the patient may not be aware of it until after the damage has been done.

Other Limiting Laws

Other laws that restrict a person’s right to sue for compensation are in instances where the injured person can only file a suit against the errant driver if the injuries are severe and permanent. These include impairment of a bodily function, mental, physical or psychological or a permanent disfigurement of the person.

The Right to recover damages

The amounts given to a successful plaintiff are called ‘damages’. They are meant to compensate the victim for the injury and enable him or her to return to the original state, prior to the occurrence of an injury. Damages are varied and may include medical expenses for recovery, pain and suffering, damaged property, lost income or family members’ claim.

Limits on Damages

Tort damages are usually limited. They require producing evidence. Hence a victim cannot claim damages just by demonstrating that he or she was injured due to another person’s negligence. The evidence needs to be collected and presented before the concerned authorities.

Damages that are non-pecuniary are capped.

Another type of damages are known as non-pecuniary damages. They do not involve any expenses but include compensation for suffering and pain. This amount may go close to $400,000.

Protect Your Rights by approaching a lawyer

If you or your loved one has been involved in an accident injury, you must approach an experienced lawyer so that you can get timely and appropriate compensation. In order to know your right and exercise your right, you will need the services of an experienced legal expert. Insurance companies are usually fully aware of the legal procedures and compensation and try to often use it to their advantage. Hence, it is very important to contact a well-versed personal-injury lawyer who can take up your case.

Does the insurance policy cover members of the family?

Usually an insurance policy includes all members in the ‘household’. If you are married, it will cover your spouse who lives as a member in the same household.

If you are a victim of a recent motor vehicle accident and seeking assistance you can contact us right away. Our team of legal experts will provide you the right advice and support.