“I’m suing you!” is something we sometimes hear people yell in the heat of the moment on TV or in movies,  sometimes as a threat and sometimes for comedic effect.  In reality, personal injury claims bring financial relief for thousands of innocent accident victims injured each year in Ontario, who rely on this compensation to alleviate their expenses and losses resulting from their injury.

Many often wonder what types of injuries are eligible for financial compensation and what might be deemed a frivolous claim.  Knowledge is your strongest asset.  An honest and upfront assessment of the strength of your case by an experienced attorney will allow you to make a realistic and measured decision on whether to proceed with a claim.  

At Burn Tucker Lachaîne, we always recommend that you confer with an experienced personal injury lawyer before making an important decision and before agreeing to terms proposed by an insurance representative.

After reviewing the particulars of your accident and assessing the strength of your claim, our lawyers will answer any legal questions that can help you decide whether you wish to proceed with your claim.  A successful personal injury claim must prove that: the defendant was negligent in causing the accident; your injuries were caused by the accident; and you suffered some type of loss (monetary and/or emotional) as a result of your injury. This includes losses such as: lost income due to an inability to work; loss of ability to perform various tasks; and loss of enjoyment in life.  Medical evidence and expert testimony often play a significant role in proving a personal injury claim.

You are obligated to start a claim (or tort action) for compensation within two years of realizing the extent of your injuries, which is generally two years from the date of your accident.  It is often preferable to wait about a year or 18 months before starting a claim. Why wait?  In many instances, accident victims require some time to fully appreciate the severity of their injuries and how much their injuries affect their ability to carry out normal activities, like recreation and employment.  After undergoing medical assessment and treatment(s), and by devoting some time to the recovery process, injured persons discover whether their injuries will largely heal or are permanent, what type of rehabilitation treatments will be required long-term, and whether they have developed secondary conditions, such as chronic pain syndrome, as a result of their primary injury.  All of these factors must be considered in the calculation of fair compensation.

Here are some of the common reasons for personal injury claims in Ontario.  

Slip and fall accidents are a frequent source of injury and thus common in personal injury claims. Whether on public or private property, injuries from this type of accident can range from minor (such as bruises and cuts) to severe (such as fractures, spinal injury, paralysis, and brain injury).  A finding of liability in slip and fall cases requires proving that an unsafe condition on a property caused the injury and that the property owner/occupier did not take due care to prevent the unsafe condition. In Ontario, the Occupiers’ Liability Act governs the obligation of property occupiers to keep everyone coming onto their property safe.

If you fell and suffered a serious injury due to an unsafe property condition, you may have grounds to make a claim for compensation.  In Crinson v. Toronto (City), the plaintiff was awarded a little over a quarter million dollars after the City was found to be negligent in contributing to the conditions that caused the plaintiff’s a slip and fall accident on a public sidewalk.

Car accidents commonly occur throughout Ontario. Motor vehicle accidents, including pedestrian, cycling, and motorcycle accidents, remain the largest preventable cause of  personal injury across Canada.

Almost everyone either knows someone who has been in a car accident or has been in one themselves.  Fortunately, many motor vehicle accidents do not result in serious or permanent injury.  However, the fact that car accidents are usually preventable means that in most cases they are caused by an act of carelessness or negligence.  Individuals who sustained serious injury in a motor vehicle accident are entitled to sue the ‘at fault’ driver for damages, as well as make an accident benefits claim against their car insurance policy.

Dog bites are more common than many people realize.  Roughly half a million are reported every year across Canada.  The Dog Owners Liability Act in Ontario holds dog owners liable for any harm or nuisance caused by these household pets.  If you suffered injury from a dog, you can call 3-1-1 to make an official report. However, if your injuries are serious or life threatening, you should always seek immediate medical attention or call 9-1-1.  

It is imperative that you have any dog bite, no matter how minor, assessed by a medical professional even if it was your own dog that bit you.  Just a few years ago, an Ottawa mother of four lost an arm and both legs after leaving a seemingly inconsequential dog bite untreated.  Her Shih Tzu nipped her hand during playtime and her other dogs licked the wound thereafter. Three days later she was placed in a medically induced coma for over a month, after her wound became infected by the capnocytophaga canimorsus bacteria, which is found in dog saliva.

After an accident that results in injury, your first step should always be to seek medical assessment and treatment, even if you believe your injuries are minor.  It’s better to be safe than sorry, and to ensure that you are taking the prescribed steps to optimize your recovery.  

In addition to car accidents, slip and falls, and dog bites, there are many other types of personal injury claims for which a person may be compensated.  As a general rule, you are likely eligible for damages when your injuries are serious and resulted from the negligence of another person. If you have been injured and are unsure about what steps you should take, call Burn Tucker Lachaîne to learn more about your rights.