Maximizing Your Compensation: Tips for a Successful Personal Injury Claim

Dec 27 2023 By ZAYOUNA ADMIN

Personal Injury Claim - Zayouna Law Firm


You never expect to find yourself injured in a serious accident. They happen in a flash and can upend the lives of everyone involved. When these accidents are caused by someone else’s negligence, pursuing a personal injury claim becomes crucial to seeking fair compensation for your losses. Whether you’ve been involved in a motor vehicle accident, suffered a slip and fall, experienced medical malpractice, or have been injured by a defective product, you will want to understand how to maximize your chances of filing a successful personal injury claim in Ontario.

In Ontario, accidents are unfortunately common, with many thousands of personal injuries reported annually. For instance, motor vehicle accidents in 2019 led to over 33,000 personal injuries and 584 fatalities. Slip and fall incidents resulted in thousands of additional hospitalizations in the same year.

This article will guide you through some tips to help maximize your compensation in a personal injury claim. Regardless of how serious the injury is, it is wise to consult with a personal injury lawyer to discuss your case and explore your options for seeking compensation.

Limitation Periods in Ontario

After an injury, you should try to file your claims as soon as you can. You may not know that filing a personal injury claim in Ontario is subject to strict timelines governed by the Ontario Limitations Act. Failing to comply with these timelines can result in the forfeiture of your right to seek compensation.

In most cases, the limitation period is two years from the date of the incident, but there are exceptions to be aware of, including:

  • Minors: If the injured party is a minor (under the age of 18) at the time of the incident, the limitation period doesn’t begin until they turn 18, providing more time to file a claim.
  • Discoverability: The act states that the claims must be filed within two years of discovery of the claim. There are some instances where discovery of the right to a claim occurs after the accident date.
  • Incapacity: If you are incapable of pursuing a claim due to a mental or physical condition, the limitation period is tolled until your capacity is restored.
    Claims Against Municipalities: When making a claim against a municipality, you must provide written notice within ten days of the incident, but the two-year limitation period is not in effect until notice is given.

Tips for Maximizing Compensation in Your Personal Injury Claim

1. Seek Immediate Medical Attention

Your health and well-being should be the top priority after an injury. Seeking immediate medical attention ensures your injuries are properly diagnosed and treated. It also establishes a crucial record of your condition that will be used to establish the value of your claim. Delaying medical care can be detrimental to your claim process, as it may give an argument against your injury claims.

2. Collect as Much Evidence as Possible

The strength of your personal injury claim hinges on the evidence you gather. Often, a lot of this evidence can only be obtained at the scene of the accident. Document the accident scene well, take photographs, collect witness statements, try to access any camera footage, and secure any relevant documents like incident reports or police reports. The more evidence you have, the more robust your case becomes.

3. Document Everything

Maintain a meticulous record of all expenses related to your injury, including medical bills, therapy costs, transportation expenses, and lost wages. These documents are essential when calculating the value of your claim, both for past and future damages.

4. Value Your Claim – Don’t Forget Future Damages

When filing your claim, you will have to value your damages to help guide your expectations and goals for settlement. When assessing your claim’s worth, consider not only the immediate costs but also future damages. This includes ongoing medical treatment, rehabilitation, and any long-term impact on earning capacity. Seek guidance from your lawyer and medical professionals to help get an idea of the value of your future damages.

5. Avoid Social Media

After the accident, it is best to avoid talking about the details of the incident, and this includes mention on social media posts or comments. Defence lawyers and Insurance companies may use your posts against you to downplay the extent of your injuries or to build their case against your claim. Be mindful of what you share, as even innocent updates can be misinterpreted.

6. Don’t Jump at the First Offer

Insurance companies will often offer a quick settlement, which may be far lower than what you deserve. Don’t rush to accept these offers. Consult with your lawyer to evaluate any proposed settlements. You may be entitled to more compensation than initially offered.

7. Stay Patient

Personal injury claims can be lengthy and complex. It can be tempting to want to rush into a settlement to get paid and return to a more normal life. However, staying patient throughout the process is essential. Your lawyer will work diligently to negotiate a fair settlement, but this may take time. Trust the process and your legal counsel.

Hire a Personal Injury Lawyer

If you’ve suffered a personal injury, don’t go through it alone. Working with a personal injury lawyer can make all the difference in the outcome of your claim. An experienced personal injury lawyer will help with all aspects of your claim process, offering useful skills, insights, and assistance along the way, such as

  • Legal Experience: Personal injury lawyers understand the complexities and nuances of Ontario law, ensuring your claim is handled professionally and effectively.
  • Insurance Negotiation: Insurance companies often try to minimize payouts. Lawyers are skilled negotiators who can fight for the compensation you truly deserve.
  • Access to Resources: Lawyers can access a network of experts, investigators, and medical professionals who can strengthen your case and provide vital testimony.
  • Peace of Mind: Dealing with a personal injury claim can be overwhelming. A lawyer handles the legal complexities, allowing you to focus on your recovery and well-being.