Personal Injury Lawyer in Ontario

A personal injury or accident can have serious — sometimes devastating — consequences. A trusted personal injury lawyer in Ontario can help you recover a fair and reasonable settlement and help you piece your life back together.

Who Is Derek Wilson?

I began my career in insurance litigation in 1993, working with Stanley M. Tick & Associates in Hamilton. Working in personal injury law in Ontario, and in particular working closely with our clients, allowed me to make a difference in people’s lives. I saw first-hand the incredible impact that working with the right lawyer could have on an individual, influencing how strongly a case was presented and ultimately settled.

After earning my Master of Laws degree with Merit from the London School of Economics in 1997, I became a partner at a boutique Toronto defense firm that dealt exclusively in insurance defense litigation.

This experience allowed me to sit on the other side of the table and learn how large insurance companies think, allowing me to explore the nuances of what it takes to win a personal injury case or reverse an insurance denial. I returned to representing injured individuals in 2009, working at Malhotra, Stayshyn & Wilson until 2013, when I left to open Derek Wilson Personal Injury Law.

What Kinds of Cases Does Derek Wilson Take On?

Personal injury law is broad and vast, and a personal injury can happen to anyone at any time. My firm is focused solely on personal injury law, honing my expertise for more than twenty-five years. We handle cases in the following areas:

• Motor vehicle accidents like car accidents, pedestrian accidents, bike accidents, motorcycle accidents, and truck or commercial vehicle accident. See our car accident lawyer Hamilton for more on these injuries.
• Denied long-term disability cases in which your claim has been unfairly denied by the insurance company.
• Slip-and-fall accidents whether they occurred on the premises of a business or at someone’s private property.
• Snowmobiling and ATV accidents that have left you with serious injuries.
• Elder neglect cases where senior long-term care homes or nursing homes are negligent with their care, leading to unexplained death, serious injury or preventable illness of your loved ones.
• Wrongful death claims in which your loved one’s death resulted from the reckless or negligent actions of another party.

I have successfully helped people in Ontario recover from many kinds of accidents, from the minor to the severe. I handle back and spinal cord injury cases, as well as traumatic brain injuries, concussions, and other head injuries.

Why Hire Derek Wilson to Represent You if You Live in Ontario?

If you’ve suffered a personal injury in Ontario or surrounding areas, it is important to consult with an experienced and knowledgeable lawyer. I can help you not only build your case and collect relevant evidence to strengthen your claims, but also represent you in settlement negotiations against the other party and their insurance company, as well as in court if your claim ends up going to trial.

Having a lawyer by your side who knows the law is important, as is having a local lawyer who knows the procedures and ins-and-outs of Ontario personal injury cases. My firm has a long-standing reputation for being a positive force for clients in Ontario and surrounding areas. I understand what it takes to prevail in an injury claim, and I have made it my goal to serve the local community through my work.

What Makes Derek Wilson Different?

I built my law firm with one purpose — to assist everyday individuals at extremely trying times in their lives. When you’re going through a difficult time, it’s important to be surrounded by people who have your best interests at heart and to have a representative who will stand up for you and your interests.

At my firm, we’re honest, we care about our clients, we fight for them, and we get results. We realize that injuries often make it difficult for people to move ahead in life. We help our clients take control of the situation they face and help them focus their attention to get back on track.

Steps Involved in Filing a Personal Injury Claim in Ontario

If you’re injured in Ontario and think you may need to file a claim to seek compensation for your lost wages, injuries, and more, here are some of the steps you’ll need to take:

Seek Medical Attention As Soon As Possible

No matter how you’ve been injured, call 911 if your injuries are serious. The fire department will likely arrive first, followed by an ambulance. They can check for life-threatening injuries and provide life-saving interventions if necessary.

Even if you walk away from a car accident or other situation feeling like you may not have been hurt, get medical attention as soon as you can. The adrenaline of being in an accident or serious situation can mask symptoms. Some serious injuries may not even present symptoms right away. A doctor can tell whether you’ve been injured and can start treatment if you need it. Seeing a medical professional quickly can also start documenting your injuries, which is crucial if you file a claim later.

Start Documenting Your Situation

As soon as you can and as thoroughly as you can, start gathering evidence. You can do this in a few ways:

• Take photos of the area where you were injured, including the surrounding area.
• Take photos of your injuries and property damage.
• Gather contact information for any witnesses.
• Keep receipts for any expenses related to your injury or accident.
• Keep a list of doctor’s appointments and treatments for your injuries.
• Keep a journal about your injuries, symptoms, and the ways your injury impacts your ability to work and your ability to take care of daily activities.
• Get copies of any reports you can, such as police reports, medical records, and workplace incident reports.

It can be useful to have one spot to store all this information. A binder or box can help you keep track of everything you gather that’s related to your injury.

Schedule a Consultation with a Personal Injury Lawyer in Ontario

Early in the process, it’s useful to consult with a personal injury lawyer in Ontario, who can explain the strength and value of your potential case. Many law firms, including Derek Wilson Injury and Disability Law, offer free consultations, so there’s no need to worry about costs.

File an Insurance Claim, If Applicable

In some situations, such as a car accident, you’ll need to contact your insurance company to file a claim and secure compensation. If you have short-term and long-term disability insurance and can’t work because of an accident or injury, you’ll be contacting your insurance company to start the application process.

Notify the Defendant

If you’re filing a claim in Ontario, you’ll usually need to inform the at-fault party or their insurance company to tell them that you intend to file a claim. You will need to do this in writing. To notify potential defendants, of course, you need to figure out who the liable parties in your case are. You also need to determine how to contact them and whether to contact an insurance company instead.

This can quickly get complicated, which is why working with a personal injury lawyer in Ontario can help. Your lawyer can investigate the cause of your injuries or accident, can find all liable parties, can determine who needs to be notified, and can ensure the right people are notified about your intention to file a claim.

Keep in mind that there are strict deadlines for this — as short as ten days if you’re filing a claim against a municipality for a slip and fall, for example — and your lawyer will make sure these deadlines are respected so you don’t lose out on your right to compensation.

File Your Claim

Your lawyer will file a Statement of Claim with the courts, outlining your claim against the defendants and indicating the amount of compensation you’re seeking. This officially starts your claim. Defendants have 20 days to respond if they’re based in Ontario and up to 60 days if they’re outside of Canada or the United States.

Navigate the Discovery Process

During the discovery process, all parties secure and share evidence. At this time, your lawyer will also start to work to secure a settlement agreement. If you can reach a settlement, you can secure compensation without having to go to trial.

Go to Trial

If a fair settlement can’t be reached, your case may proceed to trial, where a judge or jury will decide how much compensation, if any, to award to you. Up until a decision is reached, your lawyer may continue to try to negotiate a settlement. Your lawyer will also take care of all the details of the trial, from building a strong case to presenting that case before the court. 

Qualities To Look for in a Personal Injury Lawyer

Your personal injury lawyer will play a big role in the success of your claim, so it’s important to choose someone who not only has the qualifications to do a good job but who will be easy to work with, too. Here are some qualities to look for:

• Multi-faceted experience. You want a lawyer with years of experience — someone who has seen many cases like yours and has successfully secured compensation for clients in these situations. At the same time, you want someone who has experience both with negotiation and trial in case your claim ends up working its way through the courts.
• Great listening skills. You want someone who listens to you and understands your situation. Ideally, you also want someone who understands your claim and doesn’t just pass it on to a junior lawyer with less experience.
• Proven track record. Look for a lawyer with proven settlements and court wins, especially someone who has been able to take tough claims and secure compensation for their clients. In a free consultation, a lawyer should be able to offer examples of results they’ve been able to secure.
• Compassion. Being seriously injured and then having to navigate the legal system is a lot to take on. You want a lawyer who genuinely cares about you and your life. Look for someone who takes your calls, takes the time to explain everything to you, and is pleasant to work with.
• Strong communication. Your lawyer must be a stellar communicator to effectively present your claim in court or at the negotiation table. You’ll also want a lawyer who can explain complex legal concepts clearly to you so you understand what’s going on and can make the right decisions about your case. In addition, look for someone who’s a responsive communicator. You want a lawyer who replies to your emails and phone calls when you have a concern.

I founded my law firm, Derek Wilson Injury and Disability Law, because I believe strongly in these qualities. I have over 30 years of both trial and negotiation experience. I started my career as a lawyer for a boutique Toronto law firm that defended insurance companies exclusively. This experience allowed me to see how insurers deny claims, and today I use that knowledge to make sure you get a fair shot at compensation.

I have also purposely kept Derek Wilson Injury and Disability Law small and tightly focused on personal injury and disability claims so I can pour all my experience and resources into these kinds of claims. By keeping my firm intentionally small, I make sure I can give your claim the attention it deserves, and I ensure that I provide you with high-level responsiveness and communication. When you contact Derek Wilson Injury and Disability Law, you’ll be able to speak with me and I’m the one who will be handling your case.

What I’m most proud of, however, are the relationships I’ve built with my community and clients. Clients can tell that I care about their lives and the outcome of their cases, and this has allowed me to give back to others in a way that supports my clients.

How Long Does It Take to Resolve a Personal Injury Case?

No two personal injury cases are the same, and how long your case will take to resolve will depend on several factors, including the strength of the case, the defendants involved, and any possible delays in court. Whether your claim can be resolved through a settlement also matters. If you can reach a settlement with the liable parties, you can avoid a lengthy court case.

Some settlements take months, and some take two years, four years, or even longer. If you’re concerned about how long a claim may take or are worried about paying the bills while you wait for compensation, contact me at Derek Wilson Injury and Disability Law. I understand the financial pressure of a personal injury claim and would be happy to review what you can expect in your specific circumstances.

What Types of Compensation Can I Recover in a Personal Injury Case?

In Ontario, you can seek two types of compensation (or damages) in a lawsuit: pecuniary damages and non-pecuniary damages. Non-pecuniary damages refer to losses that you can’t easily put a dollar sign on. These include things such as pain and suffering. The idea is that you’re given compensation to help you recover from the negative impact an injury has had on your life.

The Supreme Court of Canada has placed a cap on non-pecuniary damages. This cap is $447,500 as of 2024, though in exceptional circumstances you may be able to seek even higher non-pecuniary damages. Your lawyer can help you properly assign a dollar figure to the loss of quality of life you’ve suffered and can prepare a strong claim for why you deserve that amount in damages.

Pecuniary damages allow you to recover compensation for the economic losses you’ve suffered, including the expenses you’ve faced because of your injuries. You can seek compensation for:

• Medical costs. While OHIP will cover some of your medical expenses, you can seek compensation for any additional costs, such as rehabilitation, dental care, therapy, and other medical care needed for your injury. You can also seek compensation for expected future medical costs, such as ongoing treatment.
• Income loss. If you’ve lost time at work because of your injuries or can never return to work, you can seek compensation for both the income you’ve lost so far and the income you can expect to lose in the future.
• Expected future costs. A serious injury can impact your life for years to come. You may need to make updates to your home to make it accessible. If you’re permanently injured, you may no longer be able to drive, and in the future, you may need to pay for transportation. Or, if you’ve lost a limb, you may need to pay to have your prosthetics updated over the years. You can seek compensation to cover any reasonable, expected future costs related to your injury.
• Additional costs. A serious accident or injury can impact your life in unexpected ways. You may need someone to help you with childcare or everyday tasks at home. You may need to pay for parking or taxis to doctor’s appointments. You can seek damages for these expenses, too.
• Property damage costs. In some cases, you may be able to seek compensation to repair or replace personal property that was damaged. For example, in a car accident, you may be able to seek compensation to pay for repairs to your car.

In addition, if you lose a loved one and file a wrongful death claim, you can also seek compensation for funeral and burial costs. You may also be able to seek compensation for the financial contribution a loved one made to your household.

The best way to find out what damages you can recover is to speak with a personal injury lawyer in Ontario, who can help you put a dollar figure on your potential claim.

How Does Derek Wilson Work with Clients?

First and foremost, I place great emphasis on continued communication, walking you through your case at each stage. I aim to educate my clients about their rights, options, and potential next steps in their personal injury matters. I and my staff will communicate with you effectively by answering all your phone calls and returning emails promptly.

My greatest concern is helping my clients not only recover fair and reasonable compensation but also get their lives back. It’s about empowering your recovery on your terms. I realize that injuries often make it difficult for people to move ahead in life. I help my clients take control of the situation they face and help them focus their attention on getting back on track.

I offer a free initial consultation and then once you have retained me to represent you in your claim, no payments are required until I have successfully recovered money on your behalf. If I am not successful, there is no cost. I use a fixed percentage contingency fee agreement with a maximum contingency rate of 33% plus HST based on the total damages recovered.

For a free consultation with Derek Wilson call us at 855-769-0418 or fill out a request form. We will respond in a timely manner so you and your family can receive the help you need.

Related Pages

• Ontario Car Accident Lawyer
• Ontario Disability Lawyer