Ontario personal injury: frequently asked questions

In most cases you have two years from the date of the accident to start a lawsuit, under Ontario's Limitations Act. Some deadlines are much shorter — for example, you generally must notify your auto insurer within about 7 days for accident benefits, give written notice within 60 days for a snow or ice slip-and-fall, and as little as 10 days to notify a municipality about a road or sidewalk hazard. For minors, the two-year clock generally does not start until their 18th birthday. Because missing a deadline can end a claim, it is safest to speak with a lawyer right away.

→ Check your deadlines with our Deadline Checker

Personal injury lawyers in Ontario typically work on a contingency fee — often called "no win, no fee." You pay nothing up front, the firm funds the costs of building your case, and the legal fee is a percentage of what is recovered. If there is no recovery, you owe no legal fee. The percentage is set out in a written agreement and must comply with Ontario's Solicitors Act.

→ See how "no win, no fee" works in real numbers

Every claim is different, so no one can responsibly promise a figure without reviewing the facts. Value generally depends on the severity and permanence of your injuries, the impact on your income and daily life, how clearly another party is at fault, and the insurance available. Compensation can include pain and suffering, past and future income loss, future care costs, and out-of-pocket expenses. A lawyer can assess your claim after a full review.

→ Read our guide to what affects claim value

After an Ontario auto accident, you can claim no-fault accident benefits from your own insurer regardless of who caused the crash. These are governed by the Statutory Accident Benefits Schedule (SABS) and can include medical and rehabilitation funding, attendant care, and income replacement. They are separate from any lawsuit against the at-fault driver.

→ Explore your accident benefits

Yes. Accident benefits are "no-fault," which means you can claim them from your own insurer regardless of who caused the collision — even if you were entirely at fault. They are separate from a lawsuit against another driver.

The Minor Injury Guideline caps medical and rehabilitation funding at $3,500 for injuries an insurer treats as "minor," such as sprains, strains, and whiplash. Many more serious injuries are placed in the MIG by mistake. With the right medical evidence, people can be removed from it and access up to $65,000, or more if the injury is catastrophic.

→ Check whether you may fall outside the MIG

A catastrophic impairment (often called "CAT") is a defined, severe category of injury under the SABS — such as paraplegia, amputation, serious brain injury, severe vision loss, or a high whole-person impairment. A catastrophic designation unlocks the highest benefit limits, up to $1,000,000 in combined medical, rehabilitation, and attendant care.

→ See what qualifies as catastrophic

For pain-and-suffering (general damages) awards in Ontario auto claims, the law subtracts a fixed "statutory deductible" unless the award is above a monetary threshold, in which case the deductible falls away. The deductible and threshold are set by regulation and indexed for inflation every year. This is why smaller-looking claims still need careful handling.

→ See how the deductible works

Get to safety and check for injuries, and call 911 for anyone hurt. Accept medical attention even if you feel okay, because some injuries appear later. Exchange insurance and driver information, photograph the scene and any damage, get witness names, and report the accident to police or a Collision Reporting Centre. Avoid admitting fault, and notify your own insurer promptly.

→ Open the step-by-step after-accident checklist

You are generally not required to give a recorded statement to the at-fault driver's insurer before getting legal advice. What you say can affect your claim, so it is wise to speak with a lawyer first. You do have obligations to cooperate with your own insurer for accident benefits.

It varies widely. Many claims take a year or more, and serious cases can take longer, because the full extent of injuries and future needs must become clear before a claim can be valued properly. Most claims settle without a trial, often after the exchange of information and mediation.

→ See how a claim unfolds, step by step

After a car accident you typically have two separate avenues at once. Accident benefits (SABS) are no-fault benefits from your own insurer that fund treatment and income support regardless of fault. A lawsuit (a tort claim) is brought against the at-fault driver to recover pain and suffering and losses beyond what accident benefits cover. They are handled together but follow different rules.

Generally, yes. In Ontario, an injured person can usually pursue a personal injury claim and access accident benefits regardless of immigration status. Your right to be compensated for harm caused by someone else's negligence is not conditioned on citizenship. Speak with a lawyer about your specific situation.

→ Learn about your rights after an accident

Claims against a municipality for failing to keep a road or sidewalk in repair generally require written notice within 10 days of the incident — one of the shortest and strictest deadlines in Ontario. Missing it can bar the claim, so act immediately and get legal advice.

The Income Replacement Benefit replaces 70% of your gross weekly income, up to a standard maximum of $400 per week, if injuries from an auto accident keep you from working. Optional coverage can raise the cap. Eligibility rules, a waiting period, and deductions can apply, and insurers often dispute IRB.

→ Estimate your IRB

A denial is not the final word. Disputes over accident benefits are decided by the License Appeal Tribunal (LAT). You can gather medical evidence, file the dispute, and advocate through to a hearing. Strict timelines apply to challenging a denial, so contact a lawyer promptly.

Slip-and-fall (occupiers' liability) claims can be complex and often carry short notice deadlines — 60 days for snow and ice cases, and as little as 10 days against a municipality. Evidence disappears quickly. A lawyer can help preserve evidence, meet deadlines, and deal with insurers. Consultations are typically free.

A contingency fee is a "no win, no fee" arrangement: you pay no legal fee up front, and the fee is a percentage of what is recovered, only if your claim succeeds. If there is no recovery, you owe no legal fee. It must be set out in a written agreement in the standard form required in Ontario.

→ Calculate a contingency fee

Yes. As an injured passenger you can generally claim no-fault accident benefits and, depending on the circumstances, bring a claim against the at-fault driver — which may be the driver of the vehicle you were in, another driver, or both. Fault between drivers does not prevent a passenger's claim.

Since July 1, 2026 (O. Reg. 383/24), most accident benefits in Ontario are optional rather than automatic for accidents on or after that date. Medical, rehabilitation, and attendant care benefits remain mandatory on every policy. Other benefits — such as income replacement, non-earner, caregiver, housekeeping, and death and funeral — may depend on the optional coverage purchased. The benefits available generally depend on the policy in force on your accident date.

→ See the July 2026 changes explained