If you’ve been injured in a car accident, a fall, or because of a defective product, understanding your personal injury rights in Ontario can help you make informed decisions before you sign a release or accept a settlement. The rules that apply depend on how the injury happened. Motor vehicle accident claims, for example, can involve both accident benefits through an insurer and a claim against an at-fault party, while other personal injury claims follow different processes.
This guide explains what to do after an injury, how Ontario’s accident benefits system works, when you may have grounds for a lawsuit, what compensation can cover, how personal injury settlements are paid, and how long a claim may take.
Every case is different, and the outcome depends on its specific facts. This guide provides general information and does not replace legal advice about your situation. Where an important rule comes from legislation or a regulator, we identify the source.
How to protect your personal injury rights after an accident in Ontario
Some reporting and notice deadlines begin soon after an injury, and useful evidence can disappear quickly. Taking a few practical steps early can help preserve your rights.
- Get medical attention and follow the treatment recommended for you. Medical records can help document your injuries, symptoms and recovery. Gaps in treatment may also become relevant if the nature or duration of an injury is disputed. Learn more about how rehabilitation records can affect an Ontario injury claim.
- Report the incident to the appropriate person or authority. After a collision, notify your auto insurer promptly and report the accident to police when required. After a fall, report it to the property owner or manager. Additional written notice requirements may apply to claims involving a municipality or injuries caused by snow or ice.
- Document what happened. Take photos or video of the scene, any hazard, vehicle damage, weather or surface conditions, and visible injuries. Get witness contact information and keep receipts for injury-related expenses. If a vehicle was involved, see our guide to the seven things to do after a car accident in Ontario.
- Be cautious about recorded statements and releases. You generally do not have to give a recorded statement to the other party’s insurer before getting legal advice. Signing a release will usually prevent you from seeking further compensation for the matters it covers.
- Know the deadlines that apply to your claim. Ontario personal injury claims can involve short notice periods as well as the general limitation period.
| Deadline | What it applies to | Where the rule comes from |
|---|---|---|
| 7 days | Notify the auto insurer that you intend to apply for accident benefits, or as soon as practicable after that | Statutory Accident Benefits Schedule, O. Reg. 34/10, s. 32(1) |
| 30 days | Submit the completed and signed accident benefits application after receiving the forms from the insurer | Statutory Accident Benefits Schedule, O. Reg. 34/10, s. 32(5) |
| 10 days | Give written notice for certain injury claims involving a municipal road, bridge or sidewalk | Municipal Act, 2001, s. 44(10); City of Toronto Act, 2006, s. 42(6) |
| 60 days | Give written notice to an occupier or snow-removal contractor for an injury caused by snow or ice on private property | Occupiers’ Liability Act, s. 6.1 |
| 120 days | Give the defendant written notice of your intention to start a lawsuit for bodily injury or death arising from the use or operation of a motor vehicle | Insurance Act, s. 258.3 |
| 2 years | Generally, start a court claim within two years of the date the claim was discovered | Limitations Act, 2002, ss. 4–5 |
Missing a notice deadline does not always end a claim. Ontario law allows some late notices or applications to be excused depending on the circumstances, including whether there was a reasonable explanation and whether the other party was prejudiced. The safest approach is to identify and act on the applicable deadlines as early as possible.
Your right to accident benefits after an Ontario car accident
If you’re injured in an Ontario car accident, you may be entitled to statutory accident benefits even if you caused the collision. These benefits are paid through the auto insurance system and are separate from any lawsuit against an at-fault driver. If you don’t have your own auto policy, you may still qualify for benefits, although which insurer responds depends on the applicable priority rules.
Ontario’s accident benefits changed on July 1, 2026. Medical, rehabilitation and attendant care benefits remain mandatory, while benefits such as income replacement, non-earner, caregiver, housekeeping, death and funeral benefits are now optional. Your coverage therefore depends in part on the policy that applies to you, so it’s important to review the certificate of insurance rather than assume a particular benefit is available.
The amount available for medical, rehabilitation and attendant care also depends on how the injury is classified. Under the Statutory Accident Benefits Schedule:
- predominantly minor injuries are generally subject to a $3,500 treatment limit under the Minor Injury Guideline;
- other non-catastrophic impairments have a standard combined limit of $65,000; and
- catastrophic impairments have a standard combined limit of $1 million.
Higher limits may have been purchased. A minor-injury classification can also be disputed where the medical evidence supports a different result. Our guide to the Minor Injury Guideline in Ontario explains how that classification affects access to treatment, while our article on catastrophic injury claims for pedestrians in Ontario looks more closely at the evidence involved in a catastrophic impairment claim.
Your right to sue the person or business responsible
Accident benefits do not replace your right to pursue someone whose negligence caused your injury. A separate lawsuit, often called a tort claim, may allow you to recover losses that aren’t covered by insurance benefits, including pain and suffering and certain income or care losses.
A negligence claim generally requires evidence that the other party owed you a duty of care, failed to meet the required standard, caused or contributed to your injury, and caused a compensable loss.
The legal duty depends on how the injury happened. Drivers must operate their vehicles with reasonable care. Under Ontario’s Occupiers’ Liability Act, an occupier must take reasonable care in the circumstances to keep people entering the premises reasonably safe. Product-related claims can raise questions about how a product was designed, manufactured, labelled or supplied.
You do not necessarily lose your claim because you were partly responsible. Under Ontario’s Negligence Act, damages can be divided according to each party’s share of fault. If you were found 25% responsible, for example.
How long do you have to make a personal injury claim in Ontario?
Ontario’s general limitation period is two years, but the clock does not always start on the date of the accident.
Under the Limitations Act, 2002, the two-year period generally runs from the date the claim was discovered. In practical terms, that means when you knew, or reasonably should have known, that you had suffered an injury or loss, that another person’s act or omission caused or contributed to it, who was responsible, and that starting a proceeding was an appropriate way to seek a remedy.
In many personal injury cases, that will be the date of the accident, but not always.
The limitation period also does not run in the usual way for a minor who is not represented by a litigation guardian, or for someone who is incapable of starting a proceeding because of a physical, mental or psychological condition and is not represented by a litigation guardian. Ontario also has a 15-year ultimate limitation period, subject to statutory exceptions.
These rules are separate from the much shorter notice periods discussed earlier. A claim can therefore face a 7-, 10-, 60- or 120-day requirement even though the general limitation period for starting a lawsuit may be two years.
Special rules for Ontario motor vehicle lawsuits
Ontario imposes additional restrictions on claims for injuries caused by motor vehicles. Two of the most important are the threshold and the statutory deductible.
The threshold for pain and suffering
To recover damages for pain and suffering from a protected defendant in an Ontario motor vehicle claim, the injured person must generally have died or sustained either a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function.
This is commonly called the threshold. Whether an injury meets it depends on its long-term effect, not simply its diagnosis. Chronic pain and psychological injuries can potentially satisfy the test where the medical and functional evidence supports the statutory requirements. Our guides to permanent serious impairment and the threshold test and chronic pain claims in Ontario explain these issues in more detail.
The Ontario car accident deductible
Even where the threshold is met, a statutory deductible can reduce a pain and suffering award.
For 2026, the deductible is $47,913.01. It does not apply once the non-pecuniary damages award reaches $159,708.71. These amounts are indexed annually, so the figures that apply depend on the year.
Certain claims by family members under the Family Law Act are subject to a separate deductible. For 2026, that deductible is $23,956.52, and it stops applying once the relevant award reaches $79,853.70.
What compensation can you claim for a personal injury?
There is no fixed value for an Ontario personal injury claim. Compensation is assessed under different categories of damages, and each category must be supported by evidence.
| Type of compensation | What it may cover | Important considerations |
|---|---|---|
| Pain and suffering | Physical pain, psychological injury and loss of enjoyment of life | Ontario courts apply an inflation-adjusted cap to non-pecuniary damages. Motor vehicle claims may also be subject to the threshold and deductible. |
| Past income loss | Income and employment benefits lost before settlement or trial | Motor vehicle claims have additional statutory limits on pre-trial income loss. |
| Future income loss or loss of earning capacity | Reduced ability to earn income in the future | Often requires evidence about prognosis, career path and future earning ability. |
| Future care costs | Treatment, medication, attendant care, equipment and other future needs | The claimed expenses must be reasonable and supported by medical and other evidence. |
| Housekeeping and home maintenance | The value or cost of tasks you can no longer perform because of the injury | Usually supported by medical, functional and expense evidence. |
| Out-of-pocket expenses | Reasonable injury-related costs that have not otherwise been reimbursed | Receipts and other records are important. |
| Family Law Act claims | Certain expenses and loss of care, guidance and companionship suffered by eligible family members | Motor vehicle claims are subject to additional statutory rules, including a separate deductible for some non-pecuniary damages. |
Pain and suffering damages are sometimes called non-pecuniary damages because they compensate for losses that do not have a direct dollar value. In 1978, the Supreme Court of Canada established a $100,000 upper limit for the most serious non-pecuniary claims, which has been adjusted for inflation since then.
That cap does not limit financial losses such as future care costs or loss of earning capacity. In a serious injury claim, those losses can account for a substantial part of the total compensation. Learn more about how future earning capacity loss is assessed in Ontario.
Your rights when settling a personal injury claim
Most personal injury claims resolve through settlement rather than trial. You decide whether to accept an offer, and you should understand both the compensation being offered and the rights you are giving up before signing.
A settlement normally requires a release, which generally prevents you from seeking further compensation for the matters it covers. For a serious injury, that makes it important to understand the likely long-term effects before resolving the claim.
Settlements are commonly paid as a lump sum, although structured payments may be appropriate in some larger claims involving long-term needs. Additional protections apply to settlements involving minors or people under a legal disability. Where an adult can no longer manage their own financial affairs, our guide to guardianship and power of attorney after a brain injury explains some of the issues that can arise.
Settlement negotiations may also take place through mediation. Learn more about what to expect at personal injury mediation in Ontario.
Zayouna Law Firm handles personal injury claims on a contingency-fee basis. The applicable percentage, disbursements and other terms are set out before the agreement is signed.
Frequently Asked Questions
How long do I have to file a personal injury claim in Ontario?
Ontario’s general limitation period is two years from the date the claim was discovered, which is often the date of the accident. There are important exceptions, including rules affecting minors and people who are incapable of starting a proceeding and are not represented by a litigation guardian. Some claims also have much shorter notice requirements, including municipal, snow-and-ice and motor vehicle claims.
What if I was partially at fault for the accident?
You may still be able to recover compensation. Under Ontario’s Negligence Act, damages can be reduced according to your share of responsibility. Fault also does not determine whether you can apply for statutory accident benefits after an Ontario car accident.
How much does a personal injury lawyer cost in Ontario?
Many Ontario personal injury lawyers use contingency fee agreements, so the legal fee is based on the amount recovered. The agreement should explain the percentage charged, how disbursements and taxes are handled, and what you may owe if the claim is unsuccessful. Ontario regulates percentage-based contingency fee agreements and requires a standard form in applicable cases.
How long does a personal injury claim take to settle in Ontario?
There is no standard timeline. A claim may take longer when injuries have not stabilized, future care or income losses are uncertain, liability is disputed, or more medical evidence is needed. Settling too early can be risky because a signed release will generally prevent further claims for the matters it covers.
Is a personal injury settlement taxable in Canada?
Damages received for personal injury or death are generally not included in taxable income. However, income earned after investing a lump-sum settlement is generally taxable, and the tax treatment can depend on what a particular payment represents.
If you or a family member has been injured in Ontario and you want to understand your rights and options, schedule a free consultation with Zayouna Law Firm.
