Personal Injuries

Personal injuries often occur as a result of accidents caused by others’ carelessness, negligence or willful act. Vehicle and traffic accidents are the major cause in Ontario, but a significant number also result from Slip and Fall, and other non-vehicular causes.
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The actual responsibility and liability for a Personal Injury of any kind may be much broader than one person.
It may lie with another driver, a transportation business, public utility or other road situation if it’s a Vehicle Accident. For a Slip and Fall or similar accidental injury, the responsibility and liability may lie with with a company or institution, property owner, government agency and/or with an individual person or employee (hereinafter referred to generically as “Property Owner”) .
Current, valid Driver Insurance is a legal requirement in the Province of Ontario for all drivers. Property Owners are also well advised to have adequate injury and liability insurance coverage for other types and eventualities of accident and injury.
As the injured party, you may claim compensation and monetary damages for injuries and losses including, but not limited to:
  • Loss of income and out of pocket expenses.
  • Medical treatment, rehabilitation and other recovery treatment programs.
  • For pain, suffering, disability and psychological trauma.
  • To accommodate disabilities in a home environment
  • Medical supplies and the provision of medical appliances.
  • Punitive damage awards due to carelessness, negligence or a willful act.
  • Replacement of damaged property and any other losses related to the accident.
To justify claims for compensation, your counsel must prove you have been injured as a result of a motor vehicle accident or other accident or incident, and that you have incurred injuries or financial losses, per the list above.
Experienced, knowledgeable counsel is critical to your success, such as that available from Phoenix Paralegal Services P.C.
After we have discussed your case during a 30-minute free consultation, should you choose to retain Phoenix Paralegal Services P.C. to represent you, with your agreement and on your direction (based on our professional advice), we will:
  • Launch actions and claims for compensation for injuries and other damage recoveries, where these fall within our practice areas and the purview of an Ontario Paralegal, licensed by the Law Society of Upper Canada.
  • Identify and direct you to other skilled and knowledgeable professional resources and evidentiary experts, as required, to help with your claim and recovery, e.g. doctors, physiotherapists, accident investigators, etc.
  • Represent you, as appropriate, in successfully concluding mediation, arbitration, alternative dispute resolutions and other negotiated settlements.
  • Advise you in regard to other possible legal remedies and introduce you to qualified, experienced and skilled lawyers, as required.
Personal Injury: Vehicle Accident
To get fair compensation quickly, it is important to retain experienced counsel, experts who have done this before, who are there to meet your immediate need for advice and direction, and who can involve other skilled professionals, as needed, to ensure you receive the best support in your claim. Representing yourself, negotiating alone or waiting for insurance companies to make offers can be frustrating and costly. Inexperience and guesswork about the value of your case and claim can result in the loss of valuable rights and potentially thousands of dollars.
Statutory Accident Benefit Claims
Tort Claims
Statutory Accident Benefit (SABS) claims are separate from vehicle repair/replacement costs. SABS may apply when a person injured in a car accident asks their auto insurance company to also pay for medical treatment that is not covered elsewhere, e.g. by OHIP, or is supplemental to that coverage, such as for rehabilitation (such as chiropractic or physiotherapy treatments), medical appliance needs, income loss/replacement, housekeeping supplements, day care costs and other expenses.
If the insurance company refuses to pay for a benefit, the injured person can pursue legal action against it.
Phoenix Paralegal Services P.C. helps you navigate the often complicated and arduous process of filing an SABS claim and reaching a just settlement. We facilitate the process and work with your insurance company to ensure your rights are protected and that you receive all the benefits you need and to which you are entitled.
A Tort Claim applies when persons injured in a vehicle accident sue the insurance company of the person that caused the accident, to finance supplemental medical costs, rehabilitation, pain and suffering, psychological trauma, rebuilding and/or modifying homes to accommodate disabilities, income loss/replacement, and any other expenses or losses related to the accident.
Phoenix Paralegal Services P.C. offers a full breadth of Paralegal representation and support services with regard to your vehicle accident claim.
Where unable to directly represent you ourselves, e.g. in an area of law that we do not practice or in a jurisdiction in which we do not operate, we will advise and intercede on your behalf with qualified legal counsel and other expert support personnel to ensure your case is handled most professionally and expeditiously.
Personal Injury: Slip and Fall (and other non-vehicular causes)
  • “Slip and Fall” is the generic term used for an injury which occurs when someone slips, trips and/or falls as a result of a dangerous or hazardous condition, often caused by the carelessness, negligence or deliberate act of another person.
  • As a general rule, a property owner, resident, business, agent or employee (hereinafter jointly and severally referred to as the “Property Owner”) may be found responsible for injuries which occur as a result of a dangerous or hazardous condition on a property, about which the Property Owner knew, or should have known.
  • Even when a Property Owner attempts to take action to correct a known fault that subsequently leads to an accident or injury, responsibility and liability may still apply as the actions taken may have been insufficient or inadequate.
Ontario law requires that Property Owners provide safe, secure and properly maintained properties, premises and contents, i.e. land and access facilities, buildings (walls, roofs, windows, doors, etc.), floors and floor-coverings, fences, parking lots, animal control (e.g. wild geese), equipment, etc.
Property Owners are required to pay particular attention to unusual risk conditions that might cause personal injuries, such as could occur from winter ice and snow conditions, or repairs, reconstruction or maintenance.
An injured person can pursue a damages claim against a Property Owner (and/or against someone else on or near the property who may be deemed responsible) if an injury was caused through carelessness or negligence, or through  a deliberate or willful act.
Slip and Fall accidents can result in serious injuries, including broken bones (hands, arms, ankles, hips, shoulders, etc.), head injuries, joint problems (separations, dislocations), cuts, bruises and other orthopedic injuries.
Though they may not require emergency service calls or immediate treatment, injuries sometimes lead to complications at a later date. Injuries should never be treated lightly and should always be reported to a responsible individual to cover any potential future impact or liability.
To protect both parties, the injured person and the Property Owner, notes should be kept of the date, time, incident description, injuries sustained (if any are immediately apparent), assistance provided, etc. – similar to insurance company requirements at a traffic accident.
Phoenix Paralegal Services P.C. is committed to ensuring that your rights are protected to the greatest extent and that you receive all the benefits to which you are entitled.