Information for people who have been injured whether in a motor vehicle accident, a fall, medical / dental malpractice or as the victim of an assault

Get names and addresses of witnesses immediately. The longer you wait the more difficult it will be.

Keep track of all the doctors or other professionals you see about your injuries and the dates when you see them.

Keep track of all costs you incur as a result of your injuries. You can claim reimbursement for medication, crutches, clothing, transportation.

Keep track of what was done, what time was spent and what expenses were incurred by anyone who assists you as a result of your injuries, including family and friends.

Gather all information you have about any insurance which might apply such as car insurance, house insurance, disability insurance, group insurance through your employment.

Don’t talk to anyone about your injuries or how they affect you, including your insurance company. Seek legal advice first because anything you say could be used to reduce the amount of compensation you receive.

Contact your insurance company within 7 days to notify them of the accident.

Anyone injured in a motor vehicle accident is automatically entitled to financial compensation whether they were a driver, a passenger or a pedestrian and regardless whose fault the accident was.

You may be entitled to compensation without affecting your insurance rates.

Obtain an application for benefits from your insurance company.

You are entitled to accident benefits even if you have private or group health insurance which covers expenses or loss of income and often cover more expenses than health or medical insurance plans.

Apply for benefits or reimbursement of expenses or loss of income under all insurance plans that are available to you.

You can get help applying for benefits while you are in the hospital. There are individuals who are knowledgeable about these matters at the hospital who can help you fill out forms.

In almost all cases you only have two years from the date of a motor vehicle accident to start a lawsuit against the at-fault party, otherwise you may be prevented from starting a lawsuit.

You may qualify for the following accident benefits:

Weekly benefits
A benefit for lost income from employment, equal to 70% of your gross income, to a maximum of $400 per week.
If you were not employed at the time of the accident, a non-earner benefit of $185 per week (and in some circumstances $320 per week). This benefit is not available until 6 months have passed since the date of your accident.
In certain situations, if you were the primary caregiver for a person in need of care, a caregiver benefit of up to $250 per week, plus $50 for each additional person requiring care, may be available based on “incurred” expenses.

The insurance process is very complicated and includes very specific time limits that must be met to avoid delay or denial of your benefits.

You don’t have to talk to the other party’s adjuster. You do have to talk to an adjuster from your insurance company but speak to a lawyer first before discussing your injuries with anyone from your insurance company. The adjuster is working for the insurance company, not you.

If an injured person is unable to make decisions due to injury or medical disability then anyone who was granted authority under a Power of Attorney can make decisions or family members can make arrangements to make decisions on his behalf.

If you were injured while you were working, there will be an issue as to whether you should sue or make a claim through the Workplace Safety Insurance Board (WSIB).

THERE ARE TIME LIMITS TO ALL CLAIMS. CONSULT A LAWYER IMMEDIATELY OR YOU MAY LOSE YOUR RIGHTS PERMANENTLY

Here are some examples of deadlines. But do not assume that you know which one applies to you.

Motor vehicle accident:
Inform accident benefits insurer of accident within 7 days of accident.
Complete accident benefits application within 30 days of accident.
Mediate and sue or arbitrate against the accident benefits insurer within 2 years of a denial of a benefit.
Give written notice to at-fault driver within 120 days of accident.
Sue at-fault driver within 2 years of accident.
Loss or damage to vehicle – if not resolved, must sue within 1 year of accident.
Motor vehicle accident caused by slippery road or non-repair of road:
Provincial Road – sue within 2 years of accident.
Municipal Road – give written notice within 10 days of accident; sue within 2 years of accident.
Fall on a municipal (city) sidewalk:
Give written notice within 10 days of accident, if caused by snow or ice.
Sue within 2 years of the incident.
Accident involving provincial streetcars or trains (GO Transit, etc.):
Sue within 2 years of the incident.
Fall on provincial property:
Give written notice within 10 days of the incident.
Sue within 2 years of the incident.
Lawsuit against the provincial government:
Give 60 days notice before suing.
Sue within 2 years of the incident.
Accident and sickness insurance:
Check contract of insurance.
Victims of assault:
Sue within 2 years of assault.
Public authorities (OPP, municipal police, etc.):
Give written notice within 10 days of accident.
Give 60 days notice before suing.
Sue within 2 years of accident.
Medical Malpractice:
Sue within 2 years from the time you knew or ought to have known of the facts giving rise to malpractice.

Your insurance company may not advise you of all the benefits to which you are entitled.

Your health care providers may suggest treatments or devices for which you may not be reimbursed. We will make sure that you receive the best treatment and assistance and that as much of these costs as possible are reimbursed to you.

Seek assistance from a lawyer in completing forms. What you say in these forms can permanently reduce the amount of benefits you are entitled to.

You are entitled to receive benefits to replace lost income through your insurance company. You can receive 80% of your lost of income up to $400.00 per week. You may also be entitled to receive short term or long term disability benefits through any private or group insurance policy through your employment. You may also be entitled to Canada Pension Plan disability benefits.

If you were the primary caregiver for someone in your home before the accident and you are not able to continue providing care after the accident, you may be entitled to caregiver benefits of $250.00 per week. You may be entitled to an additional $50.00 per week for every other person you were taking care of before the accident.

Even if you were not the primary caregiver for someone in your home, you may be still be entitled to benefits if you are completely unable to carry on a normal life.

If you are a student and can’t return to school, you are eligible for a lost educational expenses up to $15,000.00 for tuition, books, equipment or accommodation.

If you were walking or biking you are still entitled to receive benefits. In addition, you may be able to start a lawsuit against the at fault driver.

You are still able to receive full accident benefits even if you were responsible for the accident.

You have the right to choose the person who will manage your care, treat your injuries and direct your rehabilitation.