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Note: Ontario is a province in Canada, not part of the United States. This guide focuses on Ontario law and the practical steps residents take after an accident or injury in that jurisdiction. Personal injury matters in Ontario typically involve both tort claims and insurance benefits.
In Ontario, you may access two parallel avenues after an injury: statutory accident benefits provided by auto insurers and traditional tort claims for damages caused by another party. Auto insurers pay benefits under the Statutory Accident Benefits Schedule (SABS) to cover medical care, rehabilitation, wage loss, and other supports, regardless of fault in many cases. At the same time, you can pursue a tort claim for pain and suffering or other damages against the at-fault party, under Ontario civil law.
Legal matters in this area rely on a mix of statutes, regulations, and case law. Key players include the Insurance Act, the Limitations Act, and the Highway Traffic Act, among others. Licensed professionals in Ontario use titles such as solicitor and lawyer, with the Law Society of Ontario regulating the profession.
Two important sources of authority for Ontario accident and injury law are the provincial statute books and the court system. For current rules, you should consult official Ontario resources and, when needed, a qualified Ontario personal injury lawyer or solicitor.
Ontario operates a no-fault auto insurance regime for accident benefits, administered under the Insurance Act and its Schedule known as SABS.
Key sources for further reading and official details include FSRA Ontario, Ontario Laws, and CanLII for statutes and decisions.
Key sources you can consult now:
When injuries occur in Ontario, specific scenarios often require legal counsel to protect your rights and maximize compensation. Below are real-world situations that commonly involve accident and injury lawyers.
In these scenarios, a lawyer can help with: documenting injuries, communicating with insurers, meeting court deadlines, assessing settlement offers, and pursuing trial if needed. An Ontario solicitor or trial lawyer can explain the difference between no-fault benefits and tort claims and advise on the best path for your case based on the facts.
This section highlights 2-3 key laws or regulations that govern Accidents & Injuries in Ontario. It includes the name of the law, its scope, and any notable timeline notes.
Other relevant statutes often involved in accident and injury matters include the Highway Traffic Act (traffic incidents and related duties) and the Occupiers’ Liability Act (premises liability). For current text and recent amendments, consult official Ontario sources.
For current statutes and regulatory guidance, consult Ontario Laws and related updates on the official Ontario site.
Notes on changes and trends: Ontario routinely updates auto insurance regulations through FSRA guidance and amendments to the Insurance Act and SABS. Always check the latest FSRA updates and the Ontario Laws site for the most current rules and deadlines.
SABS provides no-fault auto accident benefits like medical care and wage replacement. A tort claim seeks compensation for pain and suffering and other damages from the at-fault party.
Begin by documenting injuries, obtaining medical records, and contacting an Ontario personal injury lawyer. The process often starts with a formal letter of claim and may involve settlement discussions or litigation.
Consult a solicitor as soon as possible after stabilization. Early legal advice helps preserve evidence and preserve the right to pursue both SABS and a tort claim.
For premises liability, you generally pursue the claim in the Ontario civil courts, typically starting in a higher court if damages are substantial or a small claims path if applicable.
A lawyer helps maximize benefits, ensure timely submissions, determine fault, assess settlement offers, and preserve your right to sue for non-economic damages if warranted.
Pain and suffering damages are typically pursued through a tort claim against the at-fault party, subject to limits and evidence. SABS covers many other benefits regardless of fault.
Do not rush to settle without lawyer input. Insurers may offer early settlements that do not cover long-term care or persistent injuries.
Medical evidence is essential. Keep all medical records, assessments, and treatment notes to support both SABS benefits and tort claims.
Yes. The Limitations Act generally requires filing within two years of discovery of the injury, with some exceptions and rules that can affect discovery.
Many Ontario personal injury lawyers work on contingency, meaning you pay attorney fees only if you win or settle your claim. Clarify fees during the initial consultation.
In Ontario, the terms are often used interchangeably. A solicitor handles legal advice and documentation, while a trial lawyer represents clients in court. Many practitioners do both.
Small Claims Court handles simpler, lower-value disputes (often up to a $35,000 limit). More complex cases or higher damages typically proceed in the Ontario Superior Court of Justice.
These organizations provide official information, regulatory guidance, or access to statutes and case law relevant to Accidents & Injuries in Ontario.
Ontario, United States Attorneys in related practice areas.
