How personal injury cases work in Ontario and across Canada
A personal injury claim in Canada is usually two cases at once. A tort action against the at-fault party for general damages, loss of income, and future care, and a parallel claim against your own insurer for statutory accident benefits including income replacement, medical and rehabilitation funding, and attendant care. Each province runs slightly differently. Ontario uses the SABS regime, BC has moved to a no-fault Enhanced Care model, Alberta retains tort access with prescribed minor injury caps. A local lawyer is essential.
The limitation periods you cannot miss
Ontario has a basic two-year limitation period under the Limitations Act, running from when the injured person knew or ought to have known the injury was caused by the defendant. Municipal claims usually require a written notice within 10 days. Children, persons under disability, and certain claim types have different rules. Miss the deadline and the claim dies. The first call to a lawyer should happen in the week of the incident, not the year of it.
Working with insurance adjusters
You will be contacted by adjusters from your own insurer and the defendant insurer. The defendant insurer is not on your side, and their early settlement offers consistently undervalue the claim. Decline to give recorded statements until counsel reviews. Document everything: every appointment, every prescription, every missed shift, every household task you can no longer perform.
How injury lawyers charge
Most Canadian personal injury lawyers work on a contingency fee basis, no fee unless the case settles or wins. Contingency rates are commonly 25 to 33 percent of the recovery, plus HST and disbursements. Disbursements include medical records fees, expert reports, court filings, examinations for discovery. A signed contingency agreement is mandatory and must comply with provincial rules.
How much your case may be worth
Value depends on injury severity, the impact on work and life, future care, and whether liability is contested. A soft tissue with no work loss may resolve in the $30,000 to $90,000 range. A catastrophic injury with permanent care needs can resolve in the millions. Ontario non-pecuniary general damages are capped under Andrews and adjusted for inflation, presently around $430,000 for the most serious cases. Future care, income loss, and FLA claims are uncapped.