Frequently Asked Questions

General Personal Injury FAQs

Q: What is “personal injury” law?

Personal injury law involves legal claims brought by individuals who have been physically or psychologically injured due to someone else’s negligence or wrongdoing. This includes car accidents, medical malpractice, slip and falls, and insurance denials.

Q: How long do I have to file a personal injury claim in Ontario?

In most cases, you have two years from the date of the injury—or from when you first discovered the harm—to start a claim. Some exceptions apply, including cases involving minors or delayed diagnoses, so it’s important to speak with a lawyer as soon as possible.

Q: Do I have a case?

The strength of your case depends on several factors: who was at fault, the extent of your injuries, the evidence available, and the financial impact on your life. We offer free consultations to assess your specific situation.

Q: Will I have to go to court?

Most personal injury claims settle out of court through negotiation or mediation. However, we are fully prepared to go to trial when necessary to protect your rights.

Fees & Legal Process

Q: How much does it cost to hire a personal injury lawyer?

We work on a contingency fee basis — meaning you don’t pay us any fees upfront. We only get paid if we recover compensation for you.

Q: What is a contingency fee?

A contingency fee is a percentage of the final settlement or award, agreed upon before we begin work. If we don't win your case, you don't pay us any legal fees.

At Mackintosh Personal Injury Law, we enter into Contingency Fee Agreements with our clients that confirm the percentage of the amount that you recover that will be paid as a contingency fee. We are required by the Law Society of Ontario to publish the maximum contingency fee percentage that we may charge. Unless a court orders otherwise, our contingency fee percentage will not be more than 35% of your recovery. Your contingency fee percentage may be lower and will be discussed with you and agreed upon before we take your case on.

Q: How long does a personal injury claim take?

Timelines vary depending on the complexity of the case, the severity of injuries, and whether the claim settles or goes to court. Some cases resolve in months, others can take longer — but we’ll keep you informed at every step.

Q: What if the other party denies responsibility?

We gather medical records, witness statements, and expert opinions to build a strong case. Even if liability is disputed, you may still have a viable claim.

Car Accidents

Q: Do I need a lawyer after a car accident?

If you’ve been seriously injured, missed work, or are dealing with an uncooperative insurer, a lawyer can help you pursue fair compensation and protect your legal rights.

Q: What compensation can I receive after a car accident?

You may be entitled to damages for medical expenses, lost income, pain and suffering, future care, and other losses. The amount depends on your injuries and the circumstances of your case.

Q: What if I was partially at fault for the accident?

Ontario uses a system called contributory negligence, meaning you can still recover damages even if you were partly at fault. Your compensation is reduced by your percentage of fault.

Medical Malpractice

Q: What qualifies as medical malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing harm to a patient. This can include surgical errors, misdiagnoses, medication mistakes, or delayed treatment.

Q: Are medical malpractice cases hard to prove?

These cases are complex and require expert medical opinions. We work with trusted specialists to assess your case and provide strong, evidence-based support.

Insurance Denials

Q: What can I do if my insurance company denies my claim?

Insurers often deny legitimate claims. We can review your policy, challenge the denial, and negotiate or litigate on your behalf.

Q: How long do I have to appeal a denied claim?

Deadlines vary depending on your policy and the type of insurance (e.g. disability, auto, home). Contact us promptly to avoid missing your window to challenge a denial.

Serious & Catastrophic Injuries

Q: What is considered a “catastrophic injury”?

Catastrophic injuries typically include permanent, life-altering conditions such as spinal cord damage, traumatic brain injury, severe burns, or amputation. These cases require significant compensation for long-term care and lost quality of life.

Q: Can family members file a claim too?

In Ontario, close family members may be able to file a Family Law Act claim for loss of care, guidance, or companionship when a loved one is seriously injured or killed.

After an Accident

Q: What should I do right after an accident or injury?

Contact a personal injury lawyer as soon as possible to review your options and to identify any required notices, limitation periods or critical early investigations.