Personal Injury Claims

What to do in the hours after an injury

The steps you take immediately after an accident can fundamentally alter the trajectory of your claim. Most people are disoriented and in pain, but preserving evidence is critical.

Get medical attention immediately. Do not try to “tough it out.” Go to the hospital or an urgent care clinic, and be completely honest with the doctors about every area of your body that hurts. That initial medical record is the foundation of your claim.

After that:

• Report the incident. If it’s a car accident, call the police. If it’s a slip and fall, report it to the property manager or store owner immediately and insist they document it.
• Photograph everything. Take pictures of your injuries, the accident scene, the hazard that caused your fall, or the damage to the vehicles.
• Get witness information. Names and phone numbers of anyone who saw what happened.
• Do not speak to the other party’s insurance company. They will call you. They will ask to record a statement. Politely decline and tell them to speak to your lawyer.

The two-year window – and why it’s shorter than it sounds

In Ontario, you generally have two years from the date of the accident to file a lawsuit under the Limitations Act. Miss that window, and your claim is permanently barred.

But two years is deceptive. For certain types of claims, the deadlines are drastically shorter. If you slip and fall on municipal property (like a city sidewalk), you must provide written notice to the municipality within 10 days. If you fall on private property due to snow or ice, you have 60 days to provide written notice to the occupier or independent contractor.

Building a strong personal injury case takes time. We need to gather police reports, secure medical records, consult with experts, and understand the long-term prognosis of your injuries before we can accurately value your claim. The earlier you involve a lawyer, the stronger your case will be.