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Personal Injury Questions

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General Legal Questions Questions

How long do I have to file a personal injury lawsuit in Ontario?
In Ontario, you have 2 years from the date of injury to file a personal injury lawsuit under the Limitations Act, 2002. However, claims against municipalities require written notice within 10 days. For minors, the 2-year period doesn't start until they turn 18. Don't wait — contact a Toronto personal injury lawyer immediately to protect your rights.
How much is my personal injury case worth?
Settlement values depend on injury severity, lost income, medical costs, pain and suffering, and impact on your life. Minor injuries may settle for $5,000–$50,000, while catastrophic injuries can recover hundreds of thousands or millions. Kanevsky Law has recovered over $50 million for clients. See real case results or read our blog post on average personal injury settlements in Ontario.
What should I do immediately after a car accident in Toronto?
After a Toronto car accident: (1) Call 911 if anyone is injured, (2) Move to safety and turn on hazard lights, (3) Exchange information with other drivers including licence, insurance and plate numbers, (4) Photograph the scene, vehicle damage and injuries, (5) Get witness contact info, (6) File a police report at a Collision Reporting Centre within 24 hours, (7) Notify your insurance company, (8) Seek medical attention even if you feel fine, (9) Contact a Toronto car accident lawyer before talking to insurance adjusters.
Do I need a lawyer for a personal injury claim?
Yes — studies show people represented by personal injury lawyers receive settlements 3 – 4× higher than those who handle claims alone. Insurance companies have teams of adjusters whose job is to minimize what they pay. A lawyer levels the playing field, handles all paperwork and negotiations, and only gets paid if you win. Book a free consultation.
How much does a personal injury lawyer cost in Ontario?
Kanevsky Law works on a contingency fee basis: no upfront cost, no hourly fees, and we only get paid if we win your case. Our fee is a percentage of the settlement — typically 25 – 33%. If we don't recover money for you, you owe us nothing. Read more about contingency fees.
What is the Ontario Statutory Accident Benefits Schedule (SABS)?
SABS is the framework governing no-fault accident benefits in Ontario. Regardless of who caused the accident, your own insurer pays for medical/rehabilitation costs, income replacement (up to $400/week), attendant care, housekeeping, and caregiver benefits. Catastrophic impairment unlocks higher limits — $1 million for both medical and attendant care. Learn more from the official Ontario SABS regulation or read our complete SABS guide.
Can I sue if I was partly at fault for the accident?
Yes. Ontario uses contributory negligence rules — your compensation is reduced by your percentage of fault, but you can still recover damages even if you're 50% or more responsible. For example, if you suffered $100,000 in damages but were 25% at fault, you'd recover $75,000.
How long does a personal injury case take in Ontario?
Most cases settle within 18 months to 3 years. Simple soft-tissue injuries may resolve in under a year. Complex catastrophic cases or those requiring trial can take 3 – 5 years. We move as quickly as possible while ensuring you receive full compensation. Detailed timeline guide.
What is the minor injury cap in Ontario?
Ontario caps general damages for minor injuries (whiplash without serious impairment, soft tissue strains) at approximately $3,500 (indexed to inflation). However, the cap doesn't apply if your injury meets the threshold for serious and permanent impairment — which is why proper medical documentation and an experienced lawyer matter.
Should I accept the insurance company's first offer?
Almost never. First offers are typically far below what your case is worth — insurance companies bank on you accepting quickly before you understand the full extent of your injuries or rights. Consult a personal injury lawyer for a free case evaluation BEFORE signing anything. Once you accept, you give up the right to seek more. Get a free case review.
What if the at-fault driver is uninsured or fled the scene?
Ontario's Motor Vehicle Accident Claims Fund and your own uninsured/underinsured motorist coverage protect you. If you have Family Protection Coverage on your auto insurance, your insurer steps in as if it were the at-fault driver's policy. We pursue compensation from every available source so you're not left without recovery.

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Page last reviewed and updated: May 24, 2026 by Olga Kanevsky, LL.B, LL.M

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