Understanding Personal Injury Claims in Ontario

A highway collision or a fall on an icy walkway can quickly lead to insurance forms, medical records, deadlines, and questions about compensation. Understanding how a personal injury claim works begins with knowing the main stages involved.

A claim typically requires notice to the responsible party, evidence of the injury and resulting losses, and negotiations with the insurer. If the matter cannot be resolved, a lawsuit may be necessary before the applicable limitation period expires.

McNally Gervan LLP represents injured people throughout Ottawa and Eastern Ontario. This guide to personal injury claims in Ontario explains the process, important deadlines, and how legal fees may be handled.

The Personal Injury Claims Process, Step by Step

Each claim depends on its own facts, but most move through the same general stages: investigation, negotiation, and, where necessary, litigation.

Personal Injury Lawsuit Steps From First Call to Resolution

The process begins with an initial consultation. We review what happened, consider the available evidence, and discuss whether there may be grounds for a claim. There is no charge or obligation to retain our firm.

If we take on the file, we gather relevant medical records, employment documents, witness information, photographs, and other evidence. We also notify the appropriate parties and insurers.

Most claims are resolved through negotiation. If a fair resolution cannot be reached, we may file a statement of claim with the court to start your lawsuit. The parties then exchange all relevant documents and may attend examinations for discovery, followed in many cases by mediation.

If the matter remains unresolved, it may proceed to trial. Only a portion of personal injury cases reach that stage.

The Limitation Period for Personal Injury Claims

In most Ontario personal injury cases, a lawsuit must be started within two years of the date the claim was discovered. In many cases, that is the date of the accident, but the calculation can be more complicated.

Different rules may apply to minors or where an injury was not reasonably discoverable right away. Claims involving municipalities can also carry much shorter notice requirements. For example, injuries involving municipal roads or sidewalks may require written notice within ten days.

Because missing a deadline can affect the right to pursue compensation, it is important to confirm the applicable limitation period early.

What Shapes Your Personal Injury Claim Timeline

There is no standard timeline for a personal injury claim. The length of the case depends on factors such as the severity of the injury, whether liability is disputed, the medical evidence required, and whether litigation becomes necessary.

More serious injuries may take longer to assess because the long-term effect on health, employment, and daily life must be understood before damages can be properly evaluated. Court availability and mediation scheduling can also affect timing.

Types of Personal Injury Claims We Handle

Different claims involve different legal tests, insurers, and forms of evidence. McNally Gervan LLP represents clients across a range of personal injury matters in Ottawa and Eastern Ontario.

Car Accidents

Ontario car accident claims may involve both statutory accident benefits and a claim against an at-fault driver.

These processes are separate and may involve different forms, deadlines, and categories of compensation. Early review can help determine which benefits and claims may be available.

Slips, Trips, and Falls

Falls caused by icy walkways, unsafe stairs, or poorly maintained premises may give rise to an occupiers’ liability claim.

Photographs, incident reports, witness information, and maintenance records can become important evidence. Ontario also imposes a 60-day written notice requirement for certain injuries caused by snow or ice on private property.

If the injury occurs on a municipal sidewalk or roadway or due to road maintenance issues, there is a very short 10 day notice period that must be complied with. A personal injury lawyer can help you satisfy your legal notice obligation.

Medical Malpractice

Medical malpractice claims generally require evidence that the care provided fell below the applicable standard and caused harm.

Expert medical evidence is often necessary, making these cases more complex and, in many instances, more time-consuming than other personal injury claims.

Disability Denials and Defective Products

We also represent clients in long-term disability disputes and claims involving defective products.

Records are particularly important in these matters. Medical reports, correspondence, receipts, policy documents, and other records can help establish both the basis of the claim and the losses involved.

Talk to McNally Gervan LLP About Your Injury Claim

Early legal advice can help identify and meet deadlines, preserve evidence, and clarify the steps available after an injury.

If you were injured in Ottawa or elsewhere in Eastern Ontario, McNally Gervan LLP can review the circumstances of your claim, explain the applicable process, and outline our contingency fee arrangement. Contact our office to arrange a free consultation.