Personal Injury

Personal Injury FAQs: What To Do If You’ve Been Seriously Injured

Have you been seriously injured? Has your personal and/or work life been significantly impacted? Often, we don't realize how seriously our injuries have affected our quality of life until some time later, when it becomes clear that our personal and/or professional functionality has suffered.

Serious injuries impact more than just those who have suffered from them. It can be a traumatic experience for all those involved, especially when you aren’t sure about your legal rights or next steps. Our team is here to help you throughout your recovery -- physically, financially and emotionally. That’s why we’ve been voted Hamilton’s Best Law Firm and Hamilton’s Best Lawyer in the Personal Injury Law category since 2010.

Personal Injury: Frequently Asked Questions

What constitutes the serious part of “seriously injured”?

The seriousness of an injury is subjective. Its severity can impact your functionality at work or at home, or by otherwise impairing your quality of life.

For example, if you have sustained nerve damage to your hand and can no longer move your pinky finger, it may or may not be considered serious, depending on your personal and professional lived experience.

So, if you’re an accountant and can still type all the numbers, that might not be viewed as a serious injury. But for a surgeon, that pinky could mean the difference between a shaky and a steady scalpel.

Does the seriousness need to impact my earnings?

No. Sometimes, people go back to work and it’s all they can manage, so their personal life and recreational life is significantly impaired. If you are unable to function like you did before your injury, then it can meet the threshold of severity required to make a claim.

For example, if you’re retired, that nerve damage to your hand doesn’t impact your earning capacity. But if you can no longer adequately cook for yourself because of the nerve damage, then you can no longer maintain your quality of life, so it still may be considered serious.

How much time after my injury do I have to make a claim?

Different cases will have different time restraints, so always book a free consultation. However, it’s best to seek legal counsel as soon as you are able.

In many cases, you may not realize that you’ve been “seriously injured” until some time later. Perhaps you went back to work, but eventually realized that it’s all you can manage. So, your personal and recreational life has been impaired, affecting your overall quality of life.

If your quality of life has suffered due to a loss in your personal, physical and/or professional capacity as a result of a previous injury, contact us today for a free consultation.

Questions to Ask Yourself Before Booking a Consultation

Was I seriously injured? Ie: Has my quality of life suffered from a loss of functionality?
Did any first responders attend the scene? Did you attend a reporting centre?
Are you having trouble recovering?
How long ago was the accident? Different cases can have different time restraints, so always book a free consultation.
Do you have photographic evidence or eye witnesses to corroborate your claims?

Limitation Periods and Notice Periods

In most cases, in Ontario, the basic limitation period is 2 years. That is, a claimant has up to 2 years from the day their claim is discovered to have a Statement of Claim issued in Ontario courts.
That said, there are much shorter notice periods that may be critical to the success of your law suit.
Don’t delay in reaching out to discuss the circumstances of your potential claim. The more you know, and the earlier you know it, the better prepared you will be to protect your rights, should a law suit become necessary.

Many different laws, regulations and procedures govern the issuing of a Statement of Claim or commencement of an action in Ontario.
Complying with relevant limitation and notice periods is critical to your ability to successfully claim against an at-fault party. For the most part, a lawsuit issued after the expiration of a limitation period has passed will be dismissed.