Frequently Asked Questions

In most cases, you have a strict two-year deadline from the date of the incident to file a lawsuit. This is known as a limitation period. If you miss this deadline, you will likely lose your right to claim compensation. Because the rules can be complex, we strongly advise speaking with a lawyer as soon as possible to protect your rights. The process is outlined in our guide on how to file a personal injury claim.

Being unable to work after an accident is a significant source of stress. In Ontario, you may be entitled to income support from two primary sources:

• Income Replacement Benefit (IRB): Through your own auto insurance, this benefit covers 70% of your gross weekly income, up to the standard maximum of $400 per week.
• Long-Term Disability (LTD) Benefits: If you have disability insurance through your employer or a private policy, you may also have a claim for these benefits, which are often more comprehensive.

It is crucial to notify your insurance providers immediately to start your claims. An experienced lawyer can help you navigate both claims to ensure you receive the maximum benefits you are entitled to. For a guide on the first steps to take, please see our article on what to do after a motor vehicle accident.

Yes, you are still entitled to benefits. Ontario’s “no-fault” insurance system allows you to claim benefits from your own insurance company, regardless of who caused the accident.

These Statutory Accident Benefits are designed to help you recover and can include:

• Income Replacement Benefits
• Medical and Rehabilitation Benefits
• Attendant Care Benefits

While you can receive these benefits, being at fault generally prevents you from suing the other driver for additional damages. For a guide on the first steps to take, please see our article on what to do after a motor vehicle accident.

After any motor vehicle accident in Ontario, you are entitled to Accident Benefits from your own auto insurance policy, regardless of who was at fault. These mandatory benefits are available to everyone involved and cover essential costs such as:

• Lost Income: Replacing a portion of your weekly wages if you are unable to work.
• Medical & Rehabilitation: Paying for treatments not covered by OHIP, such as physiotherapy, chiropractic care, and prescription medication.
• Attendant Care: Covering the cost of a caregiver or aide if you sustain a serious injury.
• Other Critical Expenses: Including housekeeping, assistance for caregivers, and funeral expenses.

It’s important to stay informed about how these benefits are evolving. You can learn more in our analysis of the 2026 Overhaul of Ontario’s Accident Benefits.

No, you do not pay any upfront fees. We handle personal injury cases on a contingency fee basis, which means you pay absolutely nothing unless we win your case by securing a settlement or court award for you.

Our legal fees are paid as a pre-agreed percentage of the final amount we recover on your behalf. All the details are explained in a straightforward agreement before we begin, so there are no surprises. This approach ensures everyone can afford expert legal representation, regardless of their financial situation.

To ensure our initial meeting is as productive as possible, we recommend you prepare the following documents if they are available to you. Please note that possessing these documents is not a prerequisite for a consultation; we encourage you to schedule a meeting even if you do not have all the items listed.

For Motor Vehicle Accident Claims

1. Personal and Insurance Information

• Your Driver’s License or another form of photo identification.
• Your Certificate of Automobile Insurance (the “pink slip”).
• Contact information for your insurance company and the assigned adjuster, if applicable.

2. Accident Details and Records

• The police report or occurrence number.
• Photographs or videos of the accident scene, vehicle damage, and your injuries.
• Contact and insurance information for the other parties involved.
• Contact information for any witnesses.

3. Medical and Financial Documentation

• A list of all treating medical practitioners (physicians, therapists, etc.).
• Relevant medical reports, clinical notes, or prescriptions.
• Documentation of your income and lost wages (e.g., recent pay stubs, T4 slip).

For Other Personal Injury Claims (e.g., Slip and Fall)

• Your photo identification.
• Photographs or videos of the incident location and your injuries.
• The names and contact information of any witnesses.
• A list of your treating medical practitioners.
• Documentation of your income and lost wages (e.g., recent pay stubs, T4 slip).

For more information or to schedule your free, no-obligation consultation, please contact us today.

If your injury was caused by the negligence of another person, property owner, or company, you have the right to file a lawsuit to recover compensation for your losses. Unlike car accidents, there are no standard “no-fault” benefits; instead, a settlement or court award is intended to cover the full impact the injury has had on your life.

This compensation is designed to cover two main areas:

The Impact on Your Life (General Damages)

This is financial compensation that acknowledges the non-financial toll of your injury, including:

• Pain and Suffering: For your physical pain and emotional distress.
• Loss of Enjoyment of Life: For the impact on your ability to participate in hobbies and daily activities.

Your Financial Losses and Expenses (Special Damages)

This is direct reimbursement for every cost and loss you have incurred, both now and in the future. This includes:

• Lost Income: All wages you’ve lost and will lose because you cannot work.
• Medical Costs: Any expenses not covered by OHIP, such as physiotherapy, medication, or counselling.
• Future Care Needs: The cost of any ongoing care or support you may require.
• Out-of-Pocket Expenses: Any other costs, from travel for treatment to hiring help for household chores you can no longer do.

While your lawsuit is ongoing, you may also be able to claim benefits from a private Long-Term Disability (LTD) insurance policy if you have one through your employer.

Yes, absolutely. Even when another driver is clearly at fault, it is crucial to have legal representation.

The at-fault driver’s insurance company has one primary goal: to minimize the amount they pay. An experienced personal injury lawyer protects your interests by:

• Accurately Valuing Your Claim: We calculate the full and fair value of your case, including future medical needs and lost income, not just your immediate bills.
• Handling All Communications: We take over all stressful communications with the insurance adjuster so you can focus on your recovery.
• Negotiating from Strength: Insurance companies take claims more seriously when a respected law firm is involved, allowing us to negotiate for the maximum compensation you deserve.

Having a lawyer levels the playing field and ensures you are not taken advantage of during a vulnerable time. To learn more, see our guide on what to do after a motor vehicle accident.

Yes, absolutely. In Ontario, you can still recover compensation even if you were partially responsible for the accident.

Our legal system uses a principle called contributory negligence, which means your final settlement is reduced by your percentage of fault. For example, if you were found to be 25% at fault for the accident, your total compensation award would be reduced by 25%.

Insurance companies often try to place more blame on you than is fair to reduce the amount they have to pay. A crucial part of our job is to carefully investigate the facts, dispute unfair fault assessments, and maximize the compensation you are entitled to.

For a complete overview of the legal process, please read our guide on how to file a personal injury claim.

No. We handle all personal injury cases on a contingency fee basis. This means you pay absolutely nothing unless we win your case by securing a settlement or court award.

Our legal fees are paid as a pre-agreed percentage of the final amount we recover for you. This approach ensures everyone can afford expert legal representation, regardless of their financial situation.

For more information, please see our guide on what to do after a motor vehicle accident.

Yes, you are still protected. If you’re injured by an uninsured driver or in a hit-and-run, you can still recover compensation. In Ontario, there are two main sources of protection.

Your Own Insurance Policy

Every auto insurance policy in Ontario includes mandatory Uninsured Automobile Coverage. This allows you to make a claim against your own insurance company for the injuries and damages caused by the at-fault, uninsured driver. Your insurer effectively steps in to cover the compensation you are owed.

Motor Vehicle Accident Claims Fund (MVACF)

If you cannot claim through your own insurance (for instance, if you were a pedestrian who doesn’t own a car), you may be able to claim compensation from the Motor Vehicle Accident Claims Fund. This is a government-funded program of last resort for victims of uninsured or unidentified drivers.

These types of claims have unique and strict deadlines. We can guide you through the correct process to ensure your rights are protected. For more information, see our guide on what to do after a motor vehicle accident.

Yes, absolutely. As a passenger, you have the same rights to compensation as a driver, and it is crucial to understand how to access them.

Your claim is typically handled in two parts:

1. No-Fault Accident Benefits

You are entitled to claim benefits for medical care and income loss regardless of who was at fault. The claim is usually made in the following order:

• First, from your own auto insurance policy, even if your vehicle was not involved.
• If you don’t have your own policy, you would claim from the insurance of the vehicle you were a passenger in.

2. A Lawsuit Against the At-Fault Driver(s)

In addition to benefits, you have the right to sue the at-fault driver for your pain, suffering, and other financial losses. The at-fault party could be the driver of the vehicle you were in, the driver of another vehicle, or both.

Yes, it is highly advisable to consult a lawyer before accepting any offer from an insurance company.

The first offer is often a starting point and may not reflect the true, long-term value of your claim. Insurance adjusters are trained to minimize payouts, and their initial offer may not account for:

• Future Medical Needs: Such as ongoing physiotherapy, medication, or potential surgeries.
• Future Lost Income: If your ability to earn a living is permanently affected.
• The Full Extent of your pain and suffering.

Accepting an offer is final—you cannot ask for more compensation later if your condition worsens. We can review any offer you receive during a free consultation to help you understand if it is fair and adequate for your needs.

There is no set timeline for a personal injury case, as each one is unique. The duration can range from several months to a few years, depending on several key factors.

Factors Influencing the Timeline

• Severity of Your Injuries: The most important factor is reaching Maximum Medical Improvement (MMI). This is the point where your doctors have a clear understanding of your long-term prognosis. We cannot determine the full value of your claim until we know the full extent of your injuries, which can take time.
• Complexity of the Case: A straightforward case with clear liability will resolve faster than a complex case involving multiple parties or disputed facts.
• The Insurance Company’s Approach: The timeline is heavily influenced by whether the insurer is willing to negotiate a fair settlement in good faith or if they choose to delay and dispute the claim, forcing it into litigation.

General Stages of a Claim

1. Investigation & Treatment (Months to a Year+): This initial phase involves gathering evidence, notifying insurers, and focusing on your medical recovery until your long-term outlook is clear.
2. Negotiation (Several Months): Once your medical condition has stabilized, we present a settlement demand to the insurance company and negotiate for a fair resolution. Many cases are resolved at this stage.
3. Litigation (1-2+ Years): If a fair settlement cannot be reached, we file a lawsuit. This stage is longer due to court procedures, including discovery, motions, and scheduling a trial date.

Our primary goal is to secure the best possible outcome for you, not the fastest one. We will keep you informed and provide clear guidance at every step of the process.

At Cambria Law, you pay no upfront costs and face no financial risk. We handle personal injury cases on a basis that covers two distinct types of costs: Legal Fees and Case Expenses.

1. Legal Fees (The “Contingency Fee”) Our professional fee is handled on a contingency basis. This means you only pay us a fee if we win your case by securing a settlement for you. Our fee is calculated as a pre-agreed percentage of the amount we recover on your behalf.

2. Case Expenses (Disbursements) Pursuing a legal claim involves necessary expenses to build a strong case, such as:

• Court filing fees
• Fees for obtaining medical records and reports
• Hiring expert witnesses (e.g., medical specialists, engineers)
• Costs for process servers and couriers

Our firm covers all of these expenses upfront on your behalf.

When we successfully resolve your case, both our legal fees and the reimbursed case expenses are paid from the final settlement amount. If we do not win your case, you owe us nothing for either fees or expenses. This ensures you can access justice without any financial burden.

Yes, you should meticulously document your injuries and recovery because this documentation serves as critical evidence to prove the full extent of your damages. It helps ensure you receive fair compensation.

What to Document and Why

• Pain and Suffering Journal: Keep a simple daily or weekly log of your pain levels (e.g., on a scale of 1-10), emotional state, and any activities you can no longer do or that cause you difficulty. This journal provides a powerful, day-to-day account of how the injury has impacted your quality of life.
• Medical Appointments and Treatments: Keep a calendar of all appointments with doctors, therapists, and specialists. Note any treatments you receive and how they affect you. This creates a clear timeline of your medical journey.
• Photos and Videos: Take regular photos of your injuries as they heal. This visual evidence is often more compelling than written descriptions alone.
• Record of Expenses: Keep every receipt for out-of-pocket costs, including prescription medications, assistive devices (like crutches), and travel to medical appointments. This ensures all your financial losses are accounted for.

This detailed record makes it much harder for an insurance company to downplay the severity of your injuries and their impact on your life, ultimately strengthening our position when negotiating for maximum compensation.

A contingency fee agreement is a “no win, no fee” arrangement between a lawyer and a client. It means you pay no upfront legal fees, and you only pay your lawyer if they successfully recover money for you.

How It Works

• No Win, No Fee: If your lawyer does not secure a settlement or court award for you, you owe them nothing in legal fees. This removes the financial risk of pursuing a claim.
• Percentage-Based Fee: If your case is successful, the lawyer’s fee is a pre-agreed percentage of the total compensation recovered. This percentage is clearly laid out in the agreement you sign at the beginning.
• Case Expenses (Disbursements): The agreement also outlines how case-related costs (like court filing fees or expert reports) are handled. Often, the law firm will cover these costs on your behalf and they are paid back out of the final settlement.

This type of agreement is standard for personal injury cases and ensures that everyone has access to expert legal representation, regardless of their financial situation.

Yes, you can still recover compensation, but the amount you receive will likely be reduced.

In Ontario, failing to wear a helmet is considered contributory negligence. This means that while the other driver may be at fault for causing the crash, you are considered partially responsible for the severity of your own head injuries because you weren’t wearing a helmet.

How It Affects Your Claim

• Reduction in Compensation: A court will determine what percentage of your head injuries would have been prevented by wearing a helmet. Your final compensation for pain and suffering will then be reduced by that percentage. For example, if it’s determined a helmet would have prevented 25% of your injuries, your award would be reduced by 25%.
• No-Fault Benefits Are Unaffected: This reduction typically applies to the lawsuit against the at-fault driver. You are still entitled to claim your standard “no-fault” Accident Benefits from your own insurance policy for things like income replacement and medical care.

It’s important to remember that wearing a helmet is mandatory for motorcycle drivers and passengers under Ontario’s Highway Traffic Act. A lawyer’s role in this situation is to argue that your injuries would have occurred even with a helmet, minimizing any reduction in your compensation.

If you’re injured in a slip and fall, taking the right steps immediately after the accident is crucial to protect both your health and your legal rights.

Here’s what you should do:

1. Seek Medical Attention Immediately

Your first priority is your well-being. See a doctor, even if your injuries seem minor. This creates an official medical record that links your injuries to the date of the fall, which is critical evidence.

2. Report the Incident

Notify the property owner, manager, or landlord about the accident as soon as possible. Insist on filing a formal incident report and ask for a copy. This creates an official record of when, where, and how the incident occurred.

3. Document the Scene

If you can, use your phone to take photos and videos of the exact location where you fell. Capture the specific hazard that caused your fall—such as an icy patch, a wet floor, a broken stair, or poor lighting—from multiple angles. This evidence is vital because the hazard may be cleaned up or repaired shortly after you leave.

4. Gather Witness Information

If anyone saw you fall, ask for their name and phone number. An independent witness can be very powerful in confirming the dangerous conditions that led to your injury.

5. Keep All Related Records

Hold onto all documents related to the accident. This includes medical bills, receipts for prescriptions, and a record of any time you’ve missed from work. It’s also helpful to keep a daily journal detailing your pain levels and how the injuries are impacting your daily activities.

6. Contact a Lawyer

Before speaking to an insurance adjuster, it is essential to understand your legal options. Contact Cambria Law for a free, no-obligation consultation to ensure your rights are protected. 

In Ontario, your ability to sue for pain and suffering depends on the type of accident you were in.

For a Motor Vehicle Accident

There are specific legal hurdles you must overcome. You can only sue for pain and suffering if your injuries meet the legal threshold of being a “permanent, serious impairment of an important physical, mental, or psychological function.”

In addition to this threshold, there is also a significant monetary deductible applied to pain and suffering awards. For 2025, this deductible is over $40,000 and is adjusted annually for inflation. This means the first portion of your award for pain and suffering is automatically deducted.

For Other Personal Injury Cases (e.g., Slip and Fall)

The threshold and deductible do not apply. You have the right to sue for pain and suffering for any injury caused by another party’s negligence, regardless of its severity.

A crucial part of our role is to gather the necessary medical evidence to prove your injuries meet the legal threshold in a motor vehicle accident claim and to argue for the full value of your damages in all cases. For more information on the process, please read our guide on how to file a personal injury claim.

In Ontario, you generally have two years from the date of the incident to file a lawsuit. This is known as a limitation period.

However, it is critical to act much sooner, as some cases have much shorter deadlines. For instance, if you are injured in a slip and fall on municipal property (like a city sidewalk), you may need to provide written notice to the city in as little as 10 days.

Missing these deadlines can completely prevent you from recovering compensation. To protect your rights, it is essential to contact a lawyer as soon as possible after an accident.

For an overview of the legal process, please read our guide on how to file a personal injury claim.

The compensation you can expect is designed to cover the full impact an injury has had on your life, from your financial losses to your personal suffering.

Your Financial Losses and Expenses (Special Damages)

This is direct reimbursement for every cost and loss you have incurred, both now and in the future. This includes:

• Lost Income: All wages you’ve lost and will lose because you cannot work.
• Medical & Rehabilitation Costs: Any expenses not covered by OHIP, such as physiotherapy, medication, or counselling.
• Future Care Needs: The cost of any ongoing care or support you may require.
• Out-of-Pocket Expenses: Any other costs, from travel for treatment to hiring help for household chores you can no longer do.

The Impact on Your Life (General Damages)

This is financial compensation that acknowledges the non-financial toll of your injury, including:

• Pain and Suffering: For your physical pain and emotional distress.
• Loss of Enjoyment of Life: For the impact on your ability to participate in hobbies and daily activities.

Every case is unique, and we provide a personalized assessment to determine the full value of your claim. For more information on the legal process, please read our guide on how to file a personal injury claim.

Yes, absolutely. When you work with Cambria Law, you will have direct and consistent communication with the lawyer managing your case.

Unlike some firms where files may be passed between various staff members, we believe a direct, one-on-one relationship is essential for building trust and achieving the best possible outcome. This ensures that the person who knows the specific details of your situation is always your main point of contact, providing you with clear updates and strategic advice.