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Our approach to personal injury law is driven by the core belief that everybody is entitled to fair compensation when it comes to a personal injury, such as a car accident, a slip and fall, or other serious injury or disability claims. It isn't just about missing out on work, it's about missing out on life. When somebody else's negligence negatively impacts on you and your loved ones, our Ontario based personal injury lawyers will ensure that you receive fair and timely compensation.
At LMR, our lawyers have over 70 years of combined experience in Personal Injury law. Our personal injury lawyers have a wealth of trial experience and a proven record of favourable results in serious injury cases.
Additionally, we practice in both English and French. We pride ourselves on providing practical advice and giving clients the "straight goods". Our counsel remain objective, levelheaded, and determined throughout the injury claims and litigation process to ensure that you and your loved ones are fairly compensated for your losses. We are very pragmatic in our strategy and equally aggressive in our approach when dealing with insurance companies to ensure a level playing field.
We will go to court to advance your interests. We handle all types of personal injury claims, including:
- Car accidents, motorcycle accidents
- All terrain vehicle (ATV) accidents
- Boating accidents
- Snowmobile accidents
- Ski-doo accidents
- Statutory Accident Benefits claims arising from motor vehicle accidents
- Medical malpractice
- Dental malpractice
- Slip and falls
- Dog bites
- Amusement park accidents
- Life insurance
- Long-term disability claims
- Sexual harassment and assault
- Wrongful death claims
- Product defects
Questions?
You should immediately notify the property owner as to the location of the accident, the nature of the fall and the nature and extent of your injuries. This can and should be done by way of letter or email.
If your fall has taken place on municipal property, you are required to notify the municipality of the fall within 10 days. A failure or delay in notifying the municipality may, in certain circumstances, may prevent you from successfully pursuing your claim.
Under the Ontario Occupiers' Liability Act all property owners have a duty to regularly inspect their property to ensure that it is kept safe for the public. If the owner was negligent and it caused the accident, you may be entitled to pursue a claim for your damages for pain and suffering, out-of-pocket expenses and any past or future income loss.
If your fall has taken place on municipal property, you are required to notify the municipality of the fall within 10 days. A failure or delay in notifying the municipality may, in certain circumstances, may prevent you from successfully pursuing your claim.
Under the Ontario Occupiers' Liability Act all property owners have a duty to regularly inspect their property to ensure that it is kept safe for the public. If the owner was negligent and it caused the accident, you may be entitled to pursue a claim for your damages for pain and suffering, out-of-pocket expenses and any past or future income loss.
You may be entitled to obtain statutory accident benefits from your own auto insurer. If you have been injured in a car accident, regardless who is at fault, your own insurance company must provide you with accident benefits under the Statutory Accident Benefit Schedule ("SABS") which is governed by the Insurance Act.
The benefits available under the SABS will depend on the nature of injuries but may include:
If you were not working at the time of the accident, you may be eligible to receive Non-Earner Benefits in the amount of $185 per week.
If you were responsible for providing care to an individual or individuals of your family without being paid, you may be entitled to receive benefits in the amount of $250 a week with an additional $50 for each further family member who required care.
If you have had a minor injury as a result of the accident, you may be subject to the minor injury guideline and only entitled reasonable and necessary treatments incurred up to the maximum of $3,500.
If your injury is not within the minor injury guideline, you are entitled to reasonable and necessary treatments incurred up to the maximum of $65,000.
In cases where you have a catastrophic impairment as defined by the statute and regulations, you are entitled to reasonable and necessary treatments incurred up to the maximum of $1,000,000.
The benefits available under the SABS will depend on the nature of injuries but may include:
- Income replacement Benefits, Non-earner Benefits or Caregiver Benefits
- Medical and Rehabilitation Benefits, including physiotherapy, massage therapy, chiropractic treatments, occupational therapy, vocational retraining and attendant care
- Housekeeping
Income Replacement Benefits/Non-Earner Benefits/Caregiver Benefit
You may be entitled to receive income replacement benefits if you cannot work or work to the extent that you did prior to the accident. The benefits are limited by statute to 70% of your gross weekly income, less any income that you receive, up to a maximum of $400 per week.If you were not working at the time of the accident, you may be eligible to receive Non-Earner Benefits in the amount of $185 per week.
If you were responsible for providing care to an individual or individuals of your family without being paid, you may be entitled to receive benefits in the amount of $250 a week with an additional $50 for each further family member who required care.
Medical and Rehabilitation
The insurer must pay for all medical and rehabilitation benefits that are reasonable and necessary expenses as a result of the accident. If you obtain treatments as a result of the accident, you may be entitled to reimbursement from your insurer up to a monetary limit, which is determined by the nature and severity of your injury.If you have had a minor injury as a result of the accident, you may be subject to the minor injury guideline and only entitled reasonable and necessary treatments incurred up to the maximum of $3,500.
If your injury is not within the minor injury guideline, you are entitled to reasonable and necessary treatments incurred up to the maximum of $65,000.
In cases where you have a catastrophic impairment as defined by the statute and regulations, you are entitled to reasonable and necessary treatments incurred up to the maximum of $1,000,000.
Housekeeping
Unless you have paid for additional coverage, housekeeping is only available if you are catastrophically impaired. If you are catastrophically impaired and have a substantial inability to perform housekeeping that you did before the accident, you may be entitled to receive up to $100 per week.
You may be entitled to claim damages to compensate you for the injuries and losses you have suffered in your car accident. These claims can include general damages, which are to cover pain and suffering and loss of enjoyment of life, past and future income loss, loss of competitive advantage in the workforce, future care expenses and special damages, such as prescription drugs, travel costs or housekeeping benefits.
In order to obtain compensation for your pain and suffering from a motor vehicle accident, you must have suffered what is called a "permanent and serious impairment of an important physical, mental or psychological function". Essentially, your injuries must be of such a permanent and serious nature that they substantially interfere with your ability to continue your regular or usual employment and significantly change the quality and enjoyment of your life.
If your claim for pain and suffering does not exceed a monetary threshold, it is subject to a deductible. The monetary threshold and deductible are increased each year. In 2018, the monetary threshold is $126,610.07 and the deductible is $37, 983.33.
As an example, if a jury awards you $125,000 for pain and suffering in 2018, it is subject to the deductible of $37,983.33. The actual amount you will receive for pain and suffering will therefore be $87,016.67.
In order to obtain compensation for your pain and suffering from a motor vehicle accident, you must have suffered what is called a "permanent and serious impairment of an important physical, mental or psychological function". Essentially, your injuries must be of such a permanent and serious nature that they substantially interfere with your ability to continue your regular or usual employment and significantly change the quality and enjoyment of your life.
If your claim for pain and suffering does not exceed a monetary threshold, it is subject to a deductible. The monetary threshold and deductible are increased each year. In 2018, the monetary threshold is $126,610.07 and the deductible is $37, 983.33.
As an example, if a jury awards you $125,000 for pain and suffering in 2018, it is subject to the deductible of $37,983.33. The actual amount you will receive for pain and suffering will therefore be $87,016.67.