Ontario Personal Injury Resource Center

Generally, you may have a claim if someone else's negligence caused you injury and you have suffered real losses as a result — medical costs, lost income, pain, or a reduced ability to function. The strength of a case depends on liability (who was at fault), the seriousness of the injury, and the evidence available. The only reliable way to know is a free consultation, where a lawyer can review the specific facts of your situation.

The general limitation period in Ontario is two years from the date of the accident under the Limitations Act, 2002. However, several deadlines are much shorter — a 7-day notice to your accident benefits insurer, a 30-day window to return the OCF-1 application, a 120-day notice to sue the at-fault driver, a 60-day notice for snow or ice falls on private property, and roughly 10 days for falls on a municipal sidewalk or road. Because of these short windows, you should reach out as early as possible.

Most personal injury cases are handled on a contingency fee basis, which is permitted in Ontario. That means the legal fee is a percentage of what is recovered for you, rather than an hourly bill paid up front. Disbursements — the out-of-pocket costs of building the case, such as medical reports and filing fees — are accounted for separately. The fee arrangement is set out in a written agreement and explained in plain language before you sign.

It varies widely. Some claims resolve in a matter of months, while more serious cases — particularly those involving ongoing treatment or disputed liability — can take a few years. A key reason is that it is often unwise to settle before the long-term impact of an injury is understood. A reputable lawyer works to resolve your case efficiently without settling for less than it is worth.

There is no fixed formula, and no honest lawyer can promise a number at the outset. Value depends on the nature and permanence of your injuries, your income loss, your future care needs, the degree of fault, and the limits and benefits that apply. Ontario rules — including the tort threshold and the statutory deductible on general damages — also affect what is recoverable. A proper valuation comes after the evidence and medical picture are developed.

You generally must cooperate with your own accident benefits insurer, but you should be cautious — and you are not required to give a recorded statement to the other driver's insurer. These statements are taken to find inconsistencies and reasons to reduce or deny payment. It is wise to speak with a lawyer before agreeing to any recorded or examined statement so your words are not used against you.

Accident benefits are no-fault payments from your own insurer for things like treatment, attendant care, and income replacement — available regardless of who caused the crash. Suing in tort is a separate claim against the at-fault driver to recover losses the benefits do not fully cover, including pain and suffering and the full value of income and future care. Most serious motor vehicle cases pursue both at the same time.

You may still recover. Ontario applies contributory negligence, which means your compensation can be reduced by your share of responsibility rather than eliminated entirely. Insurers frequently allege that an injured person was partly to blame in order to pay less. We test those allegations against the evidence rather than accepting them at face value.

Usually not. The large majority of personal injury claims settle without a trial, often at mediation or through negotiation. That said, the cases that settle for full value are typically the ones prepared as though they will go to trial. Being ready for court is what gives an insurer a reason to pay fairly.

As of July 1, 2026, Ontario is making most accident benefits optional rather than automatic. Only medical, rehabilitation, and attendant care benefits remain mandatory; other coverages — such as income replacement and certain additional benefits — may depend on what was purchased on the policy. The benefits available to you generally depend on the policy in force when your accident occurred, so it is worth reviewing your coverage. We examine your policy carefully and pursue every benefit you are entitled to.