FAQ's

If you have been involved in an accident in which you have sustained injuries, loss, or damages, you may have a right to recover from those who have harmed you.

In motor vehicle accidents there are benefits which may be available without suit, known as Accident Benefits, these are not available in other injury claims, such as slips and falls, faulty products, unsafe premises and etc. When injury occurs by reason of a motor vehicle accident, every motor vehicle is insured with a policy of insurance which provides for no fault benefits (Accident Benefits) compensating for loss of income, rehabilitation and future care expenses, caregiver costs and etc. Recently insurers have received permission from the Ontario Government to reduce these benefits substantially. It is important when injuries and loss occur that our firm be consulted to assess what claims may be made.

You are also entitled to sue the at fault driver for injuries and damages, which would include present and future care benefits, loss of income, pain and suffering, loss of enjoyment of life, permanent injury, and etc. Certain members of your family may also be entitled to bring action for their loss of care guidance and companionship resulting from your injuries. It is important to note that a passenger in a motor vehicle sustaining injury is able to recover damages, regardless of fault.

When injuries are caused by slip and fall, faulty products, unsafe premises, and assaults, Accident Benefits are not available but action can be brought against the person or corporation responsible for your loss to recover loss of income, care, costs past and future, medical expenses, medical rehabilitation, loss of enjoyment of life, pain and suffering, and permanent injury. There is compensation in most cases where personal injury has been caused by the fault of another, however if injury occurs in the workplace you may have to rely on workers compensation.

When contacting this firm you may question how much will you pay to your lawyer? If our firm is retained, you will be charged out of money recovered on your behalf, 25% of your recovery, plus party and party costs. No charge is made for Accident Benefits received for income loss and rehabilitation, which are paid to you without intervention of a lawyer. If an insurer does not pay the benefits and it is necessary to proceed with mediation or a lawsuit for recovery, 25% plus party and party costs will also be charged on those recoveries for fees. We are not paid until you recover.

You may ask how long it will it take to recover damages? Generally it will take between two to three years for a lawsuit to be finalized.Ê Over this period of time the extent of the injuries and their permanency can be better determined. By the time the matter is settled or goes to trial, the future pain, suffering, loss of income, loss of enjoyment of life, future medical care will be well established for proof at trial or settlement purposes. This is to your advantage.

You may ask how long you have to bring action? There are various limitation periods depending on the manner in which the injuries were sustained. You may call us to determine within what time you have to institute a lawsuit. For example if your injury occurs on a public highway you must give notice to the clerk of the municipality in which the injury occurs. These times can vary depending on the manner in which the injury occurs. It is advisable to contact our firm to find out the limitation in each circumstance.

You may wish to know whether you have a cause of action? This can be determined only after there has been an investigation regarding the seriousness of the injuries, the probable recovery time and, of course, whether your loss was caused by the negligence of another. We can give you approximations and speak with reasonable certainty after investigating negligence and the extent of the injuries.

You may ask how much will you recover? A lawyer cannot answer until a proper investigation of the facts, medical documentation, future care reports and long-term consequences are assessed.

Our firm was established in 1921 and has been involved in personal injury law since that time. We do not act for insurance companies.

We are of the opinion that as well as acting as lawyers on behalf of victims and making substantial recoveries on their behalf we have a duty to give back to our community.

Benjamin Levinter is one of the founders of the Advocates Society and for many years a Director of this 3000 member society. He has served on hospital boards, is a member of The Ontario Trial Lawyers Association, representing the public at large. It is a goal of The Ontario Trial Lawyers Association, and our firm to take steps to protect the rights of Ontario citizens. He was also lead counsel before The C.R.T.C in a matter Challenge Communications vs. Bell Telephone. As a result of the ruling of the commission, you may own your mobile or cell phone, and connect directly to the network of Bell Canada.

You will always have a lawyer to speak with when you call our firm. If unable to attend our office a representative lawyer will visit at home or hospital to take instructions. A decision on whether this firm would act would, of course, depend on whether there is liability and whether an action would be successful. It would be quite improper to act if we considered that success and compensation for our client were not probable.

If you have sustained injury, call now to find out your rights. The laws in Ontario can be confusing. An early consultation is important.