Personal Injury

The Supreme Court of Canada has confirmed that the law of negligence accords identical treatment to mental and physical injury. This is important in the context of somatic symptom disorder (SSD), which is increasingly diagnosed in personal injury cases.

The DSM-5 characterises SSD as follows: "SSD is characterised by somatic symptoms that are either very distressing or result in significant disruption of functioning, as well as excessive and disproportionate thoughts, feelings and behaviours regarding those symptoms."

SSD cases are often met with an assumption of fake injuries or plaintiff malingering. However, the Supreme Court of Canada has stated that the trier of fact should not be concerned with the diagnosis, but with symptoms and their effects. This point should always be emphasised when dealing with SSD cases. Focusing on the genuine statement of lay witnesses and providing a clear historical approach of the impact caused by the negligent act remains the best means to put forward a strong SSD case.

Ontario's auto insurers provide accident benefits and liability insurance. The accident benefits claim and the tort claim both work together toward covering your losses stemming from the accident.

If A rear-ends B and A doesn't have insurance but B does: B's standard Ontario insurance policy includes coverage in case the at-fault party is uninsured or underinsured. B's insurer would be on the hook for the accident benefits and the damages caused by the at-fault party.

If A strikes B (a cyclist) and A has insurance but B doesn't: It's up to A's insurer to provide both accident benefits in addition to compensation for the damages caused by A.

If neither A nor B have insurance: In this circumstance, plaintiffs turn to the Motor Vehicle Accident Claims Fund. The fund may provide accident benefits, death and funeral benefits, and compensation for personal injury or property damage. Although the fund does not work exactly like an insurer, it does provide a safety net for injured parties with no accessible insurance policy.

As a litigation lawyer, I am often retained weeks, months or even years after a client has suffered an injury as a result of another's negligence. Ideally, if you are injured as a result of someone else's negligence, you should contact a lawyer promptly to review the circumstances of the incident.

At the scene of the accident — whether a motor vehicle accident, slip and fall, dog bite, or injury caused by a defective product — you should:

1. Identify who is responsible (exchange information). If possible, take photographs of obvious material damage.
2. Record via photographs or notes how the incident occurred.
3. Identify and obtain contact information of any witnesses — this is crucial, as witnesses can be lost forever if not identified at the scene.

Taking these easy steps can be the difference between a long drawn-out fight about legal liability and moving to a meaningful discussion about compensation reasonably quickly.