When dealing with legal matters, it’s normal to feel overwhelmed and unsure about what to do next. You may have questions about your rights, the legal process, or what to expect. At Gowland, Boriss, we’re here to help.

These Frequently Asked Questions and Answers sections address some of the most common questions we hear from individuals.

If you need more personalized guidance, our team is just a phone call or email away. We are committed to helping you move forward with clarity and confidence.

 

705.743.7252 | 1.800.808.0189 | info@gowlandboriss.ca

Personal Injury FAQs

1. Do I have a valid personal injury claim?

If you were injured due to someone else’s negligence—such as in a car accident, slip and fall, or another incident—you may have a valid claim. The best way to determine this is through a free consultation with an experienced personal injury lawyer who can assess the specific details of your case. 

2. How much is my case worth?

The value of a personal injury claim depends on several factors, including the severity of your injuries, the impact on your ability to work, the cost of medical care, and your pain and suffering. Each case is unique, and an experienced lawyer can help estimate potential compensation after reviewing the evidence.

3. How long do I have to file a claim?

In Ontario, the general limitation period to file a personal injury lawsuit is two (2) years from the date of the accident or when you first knew you were injured due to someone’s negligence. However, certain claims (such as against municipalities or government bodies) may have much shorter notice periods—sometimes as little as 10 days—so it’s important to speak with a lawyer as soon as possible. Slip and fall because of ice/snow have 60 day written notice required under the Occupier’s Liability Act.

4. Will I have to go to court?

Most personal injury cases in Ontario are settled out of court through negotiation or mediation. However, if a fair settlement cannot be reached, going to trial may be necessary. If that happens, your lawyer will guide and support you through every step of the process.

5. What does it cost to hire a personal injury lawyer?

At most personal injury firms, including ours, there are no upfront legal fees. We work largely on a contingency fee basis, meaning our law firm carries the cost of litigation and any disbursements. When your matter resolves either through a settlement or at trial, our firm takes a percentage of the settlement or award for our fees and disbursements. Our lawyers will fully explain our retainer and fee arrangements at your initial consultation before you retain us. You may also choose a different method of payment for our legal services. All fee structures are transparent and fair, and we will review and agree on the terms with you before you choose to retain our firm.

6. What are disbursements?

Disbursements are out-of-pocket expenses paid by a law firm to move your case forward. These can include costs for medical records, court filing fees, expert reports, and other necessary documentation. At our firm, we typically cover these costs upfront and recover them only if your case is successfully resolved.

7. Should I speak with the insurance company before consulting a lawyer?

It’s generally best to speak with an experienced lawyer before communicating with the insurance company. You have every right to seek legal advice first, and doing so can help protect your rights and ensure you’re fully informed before any discussions take place. Insurance companies understand when individuals choose to have their lawyer handle initial communications. If you’re contacted, you can simply provide your lawyer’s name and contact information, and request that all communication go through them. This approach helps reduce stress and ensures your interests are protected from the beginning.

8. How do I know when you are my lawyer?

Our representation begins when you have signed our Retainer Agreement.

9. What if I was partially at fault for the accident?

Even if you were partially responsible, you may still be entitled to compensation. Ontario uses a system called “contributory negligence,” which means your compensation could be reduced based on your level of fault—but it does not necessarily prevent you from recovering damages.

10. What types of damages can I claim?

You may be eligible to claim damages for:

  • Pain and suffering, and loss of enjoyment of life

  • Loss of income or earning capacity

  • Medical and rehabilitation expenses

  • Out-of-pocket costs

  • Future care needs

11. How long will my case take?

The timeline varies depending on the complexity of your case, the severity of your injuries, and whether the case goes to trial. Your lawyer will keep you informed throughout and work toward a resolution as efficiently as possible.

If you have a question that isn’t answered here, we invite you to contact us. The Gowland, Boriss team is here to listen, support, and guide you through the process—with clarity, compassion, and a strong commitment to your best interests.

705.743.7252 | 1.800.808.0189 | info@gowlandboriss.ca

Disclaimer:

Please note that nothing on this website should be considered legal advice and is being provided for general information purposes only. For legal advice, we encourage consultation with a lawyer to review your specific concerns and situation.