If you’ve been injured in an accident in Ontario — whether in a car crash, slip and fall, or workplace incident — you may be entitled to compensation. But how do you actually file a personal injury claim?
At Cambria Law Firm in Mississauga, our injury lawyers help Ontarians navigate this process every day. Here’s a clear breakdown of the steps and legal requirements.
Step 1: Get Immediate Medical Attention
Your health comes first. Even if your injuries seem minor, visit a doctor or hospital right away. Medical records are critical evidence in any personal injury case. Delays in treatment may be used by insurers to argue your injuries were not serious.
Step 2: Report the Accident
The way you report depends on the accident type:
-
Motor vehicle accidents → Report to police if required by Ontario’s Highway Traffic Act and notify your insurance provider within 7 days. See our Motor Vehicle Accident Guide.
-
Slip and fall injuries → Notify the property owner, business, or municipality. Under Ontario’s Occupiers’ Liability Act, you may need to give written notice within 10 days for municipal claims. See our Slip & Fall Services.
-
Workplace accidents → Report to your employer immediately and file with the WSIB.
Step 3: Gather Strong Evidence
Evidence makes or breaks a claim. Collect:
-
Photos and videos of the scene
-
Witness names and contact details
-
Police or incident reports
-
Medical reports and receipts
-
Employment records showing lost wages
Step 4: Consult a Personal Injury Lawyer
Ontario law is complex. An experienced Mississauga personal injury lawyer can:
-
Review your case and advise on legal options
-
Handle communications with insurance adjusters
-
Prove negligence with strong evidence
-
Calculate damages (medical bills, lost income, pain and suffering)
-
File your claim within strict deadlines
Step 5: Understand Ontario’s Limitation Periods
In most cases, you have two years from the date of the accident to start a personal injury lawsuit (per the Limitations Act, 2002).
Exceptions:
-
Municipal slip and falls → notice required within 10 days
-
Minors or individuals under disability → limitation period may be suspended
Missing deadlines can permanently bar your claim.
Step 6: Filing the Claim
Your lawyer will:
-
Draft and file a Statement of Claim in the Ontario Superior Court of Justice
-
Serve the defendant(s) with legal documents
-
Manage settlement negotiations with insurers
-
Represent you in court if the case proceeds to trial
Step 7: Settlement or Trial
Most Ontario personal injury claims resolve through settlement negotiations or mediation. If no agreement is reached, the case may go to trial, where a judge or jury decides the outcome.
Do You Have a Personal Injury Claim?
Not every accident results in a lawsuit. But if someone else’s negligence caused your injury, you may have a valid claim under Ontario law.
At Cambria Law Firm, our injury lawyers in Mississauga, Hamilton, and Guelph will:
-
Investigate your case
-
Preserve crucial evidence
-
Negotiate with insurers for maximum compensation
-
Take your case to court if needed
Contact Cambria Law today for a free consultation. Protect your rights before time runs out.
❓ FAQ: Ontario Personal Injury Claims
1. How long do I have to file a personal injury claim in Ontario?
Generally, two years from the date of the accident (Limitations Act, 2002). Exceptions apply for minors and municipal slip and falls.
2. What compensation can I claim?
You may recover damages for medical expenses, rehabilitation, lost wages, pain and suffering, and future care costs.
3. Do most cases go to trial?
No — most personal injury claims are resolved through settlement, saving time and stress.
Disclaimer: This blog is for general information purposes only and does not constitute legal advice. Each case is unique. Please consult a lawyer about your specific situation.
About the Author: Written by the personal injury team at Cambria Law Firm, serving Mississauga, Hamilton, Guelph, and clients across Ontario in personal injury and negligence claims.
