Being injured can have a devastating impact on a person's life and often impacts their family too. Pain and suffering from the injury itself is bad enough, but loss of income from the inability to work during recovery, or after in the case of lasting disability, only compounds the suffering. On top of the financial suffering of losing income are the costs associated with seeking treatment or living with permanent injuries after. Such things as costs not covered by OHIP, expenses like parking & travel, needed medical devices, home modifications, housekeeping services, future care costs and so on, all add up.
If someone else is responsible for causing the injury, shouldn't they be responsible for at least some of the consequences? Should persons injured because of someone else's negligence be forced to bear the consequences themselves?
Slip/trip and falls - ice, snow, water, improperly placed or secured mats, dangerous stairways, and numerous other conditions can lead to serious injury.
Dog bites - dog owners are absolutely liable for the conduct of their dogs; we as owner have a responsibility to control our dogs and are responsible for the consequences when we fail to control them.
Product liability - too often products are poorly designed or manufactured and yet those that profit from sales refuse to take responsibility for the harmful consequences suffered by consumers.
Tavern liability - sellers of alcohol in Ontario have a duty to patrons and members of the public not to over serve alcohol as the consequences can be tragic.
Assaults - no one has the right to assault another but is responsible for the damages of doing so whether the injuries are physical or psychological or both.
Notice of a claim is required in certain situations. Failing to give proper written Notice to a municipality within 10 days of an incident on a municipal street or sidewalk can prevent an injured person from recovering compensation. Failing to give proper written Notice to an occupier or independent contractor within 60 days after an incident caused by ice or snow can prevent an injured person from recovering compensation.
Limitations Act - generally in Ontario, there is a two year limitation for claims which means generally but not always a claim must be commenced with the Court on or before the second anniversary of an incident. Failing to commence an action within the limitation period can prevent an injured person from recovering compensation. This is a complicated issue as there maybe some exceptions that apply in your case, thus immediate legal advice from an experienced personal injury lawyer is urged.
Notice and limitations are complex issues; it is strongly recommended that you have advice and help from an experienced personal injury lawyer.
Ontario law permits actions on behalf of classes of individuals. We have experience with various class proceedings and can provide further information if you have questions.
1. How do I pay? Most clients prefer contingency fee which means the client pays only if and when there is recovery of compensation.
2. Do I pay if no recovery? No
3. What if I am injured while in the course of employment, can I pursue a claim for compensation? Maybe, but it depends on various factors. It is best to seek immediate advice because of the application of the Workplace Safety and Insurance Act (WSIB). We will tell you free of charge if you qualify to pursue compensation outside of WSIB.
We know the law can sometimes be overwhelming. Jeff and his team are dedicated to providing you help in language that you can understand. We work for you. Jeff will give advice about your rights and options, and you give instructions.
The first step is for us to work with you to assess your case and inform you of your rights, from there charting the course forward.
Contact us for a free phone consultation. Let us help you figure out what your best next steps are. The sooner you have a plan of action in your matter, the better your chances of taking the correct steps to get the results you want.