Medical Malpractice Questions & Trusted Legal Answers
Answers to the questions clients actually ask, across personal injury, disability, medical malpractice, commercial and employment law.
frequently asked questions
Common Questions About Personal Injury
Can I make a personal injury claim?
It is commonly thought that recovery in personal injury claims is limited to automobile collisions. This is not true. Other incidents covered in the domain of personal injury are: slip and fall injuries, injury resulting from a dangerous place or activity, injury resulting from an unsafe product, animal attacks, assaults, boat accidents, and/or snowmobile collisions. Essentially, you can make a claim for personal injury compensation if you’ve suffered from an injury caused by someone else’s negligence. If you are partly responsible for your injury, then you are still entitled to compensation calculated according to the other person’s degree of fault. However, if your injuries were the result of an automobile accident, then regardless of fault, you are entitled to accident benefits. The No-Fault Accident Benefit system, provided by your own insurer, provides income replacement, non-earner attendant care, medical / rehabilitation benefits, and optional coverage for housekeeping/home maintenance and caregiver expenses. Even if you do not have automobile insurance, it is still possible to collect certain benefits.
How much is my claim worth?
With respect to personal injury claims, Ontario courts award damages based on the principle of loss. Those who suffer more significant losses are awarded greater compensation. In severe and serious cases, Ontario courts have awarded well over $300,000 in general damages, for pain, suffering, and loss of enjoyment of life.
Which losses am I entitled to recover?
In personal injury claims, Ontario Courts have awarded compensation for: · Pain, Suffering, and Loss of Enjoyment of Life · Loss of Income, Income Earning Potential, and Competitive Advantage in the Employment Field · Medical and Rehabilitation Costs · Caregiver Costs · Attendant Care Costs · Housekeeping / Home Maintenance Costs Family members of injured persons may also recover their losses resulting from the injury or death.
Will a claim affect my insurance rates?
Each insurance company and policy is different. You should consult your insurance adjuster to find out how your rates may be affected.
How long will it take?
Most cases settle before trial and generally take anywhere from one to two years. However, each case is unique and the amount of time it will take depends on many factors. We will gladly discuss this with you during our initial consultation.
My insurance company contacted me. What should I do?
If you have been involved in a collision and have suffered an injury, you are obligated to notify your insurer. It is important that you have a personal injury lawyer explain your rights and the process before you meet with the insurance adjuster. While you are required to provide your insurer with the information they require, you are not required to speak with anyone representing the other party. You should refer any communications to your lawyer. We will deal with the insurer on your behalf and assist you with completing the necessary forms to receive benefits.
What if the other driver was uninsured or underinsured?
Your own automobile insurance company will cover your losses if you were injured by an uninsured or underinsured motorist.
What am I required to bring to my free initial consultation?
The more information we have, the faster and more aggressively we can work to settle your case. Our experienced staff will advise you beforehand on what additional documents we require. Be sure to bring your Driver’s License, Proof of Insurance and Policy Coverage Information, OHIP Number and Social Insurance Number. You should also bring contact information for your family physician and any other information provided to you by the police or your insurance company, such as Motor Vehicle Accident Reports.
Do the lawyers offer free office or phone consultations?
You can talk to any Zayouna Law Firm lawyer for free. There is absolutely no cost or obligation. We have always offered free, confidential phone and office consultations. Contact us today.
Does the lawyer handle cases on a contingency fee basis?
Our firm’s fees are contingent. We produce results or we don’t get paid. A contingency fee means that the lawyer’s fee is a percentage of the proceeds obtained to compensate you for your injuries. If there is no recovery, then there is no fee.
Does the firm provide free information in the form of books and brochures describing services and offices procedures?
Our firm produces a large amount of free material. We believe that this information raises awareness regarding the issues facing accident victims. We believe that our clients deserve to know how we operate and to hold us accountable. Our commitment to each case and client is the foundation of our firm.
Does the lawyer increase his/her fee if mediation or litigation is required?
We never increase our fee if mediation or litigation occurs. In fact, we do not increase fees even if the case goes to trial.
Common Questions About Disability Law
How is disability defined in insurance claims?
Disability is defined in relation to your ability to perform your occupation. To qualify for disability benefits, you must be “totally disabled”, meaning you are reasonably unable to work, both the regular duties of your job and any occupation you are suited for.
How long do I have to file a disability claim?
Each disability law practice area is unique. The allowable period for commencing legal action can depend on when your disability benefits were denied, when the insurance policy was entered into, and whether the policy had been renewed. Generally, you have 2 years to file a long-term disability claim. Speak with a personal injury lawyer right away to ensure the best outcome.
Do I have a strong case?
Each disability claim is different, with specific facts and strengths. Ensuring the best outcome depends on the strength of the evidence in support of your claim, such as medical records. A personal injury lawyer can help you collect these documents and ensure complete documentation to build a strong claim.
How much compensation will I receive?
Although each claim is unique, a personal injury lawyer may provide general information about average settlement amounts and court verdicts. When filing your claim, your lawyer will quantify the damages you sustained, such as medical and attendant care expenses, housekeeping costs, lost wages and earning potential, and other losses. You may receive multiple settlement offers, which you can review with your lawyer to make an informed decision.
Common Questions About Medical Malpractice
What is medical malpractice?
Care that fell below the standard of a reasonably competent practitioner in the same circumstances, which then caused an injury. Both halves are required. Medicine carries risks that materialize even when everything is done properly, so a serious complication after careful treatment isn’t malpractice. The medical malpractice pages explain the distinction.
Can you sue for medical malpractice in Canada?
Yes, though the bar is higher than most people expect. You need a supportive expert opinion from a practitioner in the same specialty on the standard of care, and a second opinion showing the failure caused your injury. Claims are defended by the Canadian Medical Protective Association, which funds physician defences nationally.
How hard is it to prove medical malpractice?
Harder than any other claim this firm handles. Causation defeats more of these cases than the standard of care does, because it isn’t enough that something was done badly. You have to show that proper care would have changed what happened to you, and where a condition was already advanced, sometimes it wouldn’t have.
How long do I have to sue for medical malpractice in Ontario?
Generally two years from when you knew, or reasonably should have known, that you were harmed by the care. With a missed diagnosis that often starts at the later correct diagnosis. A child’s two years doesn’t begin until they turn 18, subject to a fifteen year outside limit.
How do I report a doctor in Ontario?
Through the College of Physicians and Surgeons of Ontario, which regulates physicians and can investigate and discipline them. It’s free and needs no lawyer. What it can’t do is award you compensation, so if your losses are the issue, that’s a civil claim and a separate process.
How long does a medical malpractice case take?
Usually years. Obtaining the complete hospital chart, getting it reviewed by the right expert, and waiting until your own prognosis is settled all take time, and the defence is well resourced. No timeline can be promised at the outset.
Common Questions About Commercial Litigation
What counts as a breach of contract?
A failure to do what the agreement required, without a lawful excuse. That covers non-payment, late or defective performance, and walking away entirely. Not every breach is worth suing over: the question is whether it caused you a loss the court can measure and whether the contract actually said what you believe it said.
Can I sue for breach of contract?
Yes, where there was a binding agreement, it was breached, and the breach caused you a loss. Written terms make it far easier to prove, though verbal agreements can bind. The practical filter is proportionality, because a claim worth less than the cost of pursuing it rarely makes commercial sense.
Can you get punitive damages for breach of contract?
Rarely. Contract damages are meant to put you where performance would have left you, not to punish the other side. Punitive damages require conduct that is genuinely reprehensible and independently wrongful, so they aren’t a realistic expectation in an ordinary commercial dispute.
How long do I have to sue for breach of contract in Ontario?
Generally two years from when you knew or reasonably should have known about the breach and your loss, under the Limitations Act, 2002. Some agreements set their own shorter notice periods, so read the contract before assuming you have the full two years.
What happens in a shareholder dispute?
It depends on what the shareholders agreement says, and on whether there is one. Common routes include enforcing a buy-sell provision, a claim that the majority acted oppressively toward a minority, or an application to wind up the company. The agreement usually decides which of those is available.
Is commercial litigation worth the cost?
Often not, and a straight answer early saves money. Litigation costs are real, timelines run long, and a negotiated resolution frequently beats a judgment you have to enforce. Where the amount at issue is modest, Small Claims Court up to its monetary limit is the proportionate route and doesn’t need counsel.
Common Questions About Employment Law
How much severance am I entitled to in Ontario?
Three separate calculations get confused here. Statutory notice runs one week per year of service to eight weeks. Statutory severance pay adds one week per year to 26 weeks for employees with five or more years at an employer with a $2.5 million global payroll. Common law reasonable notice is separate and usually the largest.
What is constructive dismissal?
A dismissal your employer never announced. Where an employer unilaterally changes a fundamental term of your employment, or behaves in a way showing it no longer intends to be bound by the contract, the law can treat the job as ended by the employer. Get advice before resigning, because timing can end the claim.
Can I be fired without a reason in Ontario?
Yes. An employer generally doesn’t need a reason to end your employment, and that surprises most people. What it does need to provide is notice, or pay in place of it. A dismissal becomes wrongful when the amount paid on the way out falls short of what the law required.
Is severance pay mandatory in Ontario?
Statutory severance pay is mandatory only where the employee has five or more years of service and the employer has a global payroll of at least $2.5 million, or closed a business and severed 50 or more employees within six months. Notice, or pay in place of it, applies far more widely.
Can I sue my employer for wrongful dismissal?
Yes, if you were dismissed without adequate notice, haven’t signed a release, and haven’t already filed a Ministry of Labour complaint for the same entitlement. Those two routes generally aren’t additive, so the choice between them gets made early.
Do I need a lawyer for an employment claim?
Not always, and it’s worth knowing when you don’t. A straightforward unpaid wages, vacation pay or statutory notice claim is what the free Ministry of Labour complaint process exists for. Advice earns its cost once a dismissal, a contract clause or a human rights issue is involved.
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If you have been injured due to someone else’s negligence, our personal injury lawyers help individuals and families across Ontario understand their legal options and pursue the compensation they deserve.