WISE

   LAW   OFFICE

         __________________

                      TORONTO

PERSONAL  INJURY CLAIMS

Recovery from a personal injury often requires successful navigation of many medical, financial, and legal hurdles.   To help redress the physical harm and economic burdens of a physically traumatic accident, Ontario law protects persons injured due to fault or negligence by requiring that those who have caused their injuries provide monetary compensation to them. 

Since 1986, Toronto personal injury lawyer, Garry J. Wise has consistently obtained significant financial compensation for injured clients and their families throughout Toronto and the Province of Ontario. 

At WISE LAW OFFICE,  we work directly with our clients, their health care providers, and  experts in a variety of technical and financial fields to diligently investigate and advocate in  personal injury claims against insurance companies, corporations, municipalities and individuals.  

Toronto personal injury lawyer, Garry J. Wise may be reached by email or by telephone at (416) 972-1800, for an initial consultation without fee or obligation, to discuss your potential claim and any deadlines which may apply 

     If you have been injured, we recommend that:

• You immediately attend at a Hospital emergency department, or see your family physician to receive treatment and medical substantiation for your potential claim;
• If possible, arrange to have photographs taken immediately of the location of your injury and any physical or medical evidence of your injury;
• If possible, obtain name, address and telephone numbers of witnesses;
• Obtain legal advice from a qualified personal injury lawyer as soon as is possible regarding your potential claims and time limits that may apply.

    You may have be entitled to monetary compensation, if:

• You have been in a motor vehicle accident (M.V.A.) in Ontario and sustained a permanent, serious impairment of an important physical, mental or psychological function or a permanent, serious disfigurement due to the negligence or fault of another driver;
• You have suffered a personal injury due to a  fall caused by ice, unsafe construction, property debris or poor property maintenance;
• You have been injured at a retail or commercial location, parking lot or private property;
• You have been injured due to a deficient or unsafe product, an intentional act, or a crime;
• You have had a personal injury due to malpractice, negligence or fault of another;
• You have been injured at your workplace or in the performance of your employment duties;
• You are the spouse, parent, care giver, child or sibling of a person who has been injured or fatally injured in an accident or mishap. 

    Damages may be awarded under Ontario law to injured parties for:

• Their pain, suffering, emotional distress and loss of enjoyment of life;
• Lost wages or income and other financial losses;
• Costs of medications, prosthetics, therapy and necessary treatments;
• The costs of future medical needs, and future economic losses;
• Out of pocket costs and expenses;
• Claims by family members of injured parties who have suffered a loss of care, companionship and guidance or financial losses and costs;
• Legal costs incurred in pursuing a claim for your damages;
• Retroactive, pre-judgment interest on any awards or settlement obtained.

 

Limitation Periods and Notice Requirements:

Strict, statutory deadlines may apply in certain circumstances.  These deadlines require injured individuals to deliver early, written notice of personal injury claims. 

 For example, under the Ontario Municipal Act, if you have been injured on a municipal roadway or bridge in Ontario, formal written notice of your claim must be provided within ten (10) days to the municipality responsible for your injury (unless certain strict exceptions apply). If you have been injured in a motor vehicle accident in Ontario, notice of your intention to commence an action for loss or damage from bodily injury or death must be delivered to the at-fault party's insurer within 120 days of the accident, in most circumstances. 

Seek legal representation by a qualified personal injury lawyer immediately in such circumstances to protect your interests and to ensure that timely notice is delivered, as required.

A court action must, in most circumstances, be commenced within two years of the date of an accident or injury.  If the injured party is a minor, the two year period commences when age of majority is reached.

 

Accident Benefits, Workers' Compensation & Compensation for Victims of Crime

Under Ontario law, no-fault accident benefits may be available if you have been injured in  motor vehicle accident.  Ontario's Statutory Accident Benefits Schedule (SABS) provides for various coverages to pay the costs of medical treatment, required therapy, medication costs and out of pocket expenses.  Benefits are also available to partially compensate for wage and income loss. Those who are unemployed at the time of an accident may also qualify for ongoing benefit payments, pending their recovery.  

Injured workers in Ontario may pursue workers compensation claims with the Workplace Safety and Insurance Board of Ontario (WSIB) for wage loss and, for lump sum payments of compensation in serious cases. An employee may not generally proceed with a civil claim against an employer for damages resulting from workplace injuries.  The W.S.I.B. compensation program is exclusively authorized to adjudicate such claims.

 Persons injured as a result of a criminal act may pursue civil actions in Ontario Courts, as well as statutory compensation claims at the Canadian Criminal Injuries Compensation Board (CICB), whether or not a conviction arises as a result of the criminal act..

The Information on this page is © 2004-2005,Garry J. Wise and Wise Law Office, Toronto, Ontario, Canada.  It is intended for information purposes only and may not be reproduced without written consent.  It is not a substitute for legal advice and may not be relied on as such.  The reader is expressly advised and cautioned to consult with a qualified personal injury lawyer for information and advice regarding the reader's specific circumstances.