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Timeline of a Slip and Fall Lawsuit: What to Expect During the Legal Process

You ‘ve been hurt in a slip and fall accident. You’re coping with pain, missing work, undergoing medical treatments, and trying to get back to your normal life as best you can. It’s a lot to deal with.  


You can make a claim for compensation if the slip and fall was caused by someone else’s negligence. The unknowns and the thought of navigating the complicated legal process probably feel extremely overwhelming when you already have so much on your plate.  

If that sounds like your situation, this article is for you. We prepared it to give you an idea of what to expect during the legal process of making a slip and fall claim in Ontario. For more information or guidance, reach out to a Barrie slip and fall lawyer at our firm to schedule your free, no-obligation consultation.  


Immediately after a slip and fall accident  

The top priority after a slip and fall accident is to get medical attention, whether that means calling an ambulance or going to the emergency room, your doctor’s office, or a walk-in clinic. See a medical professional even if you think your injuries aren’t serious. Some injuries don’t present right away, and adrenaline can mask even severe injuries. Your health and well-being are the primary concern.   


Report the incident right away. You should immediately notify the property owner, (or the tenant, management company, maintenance company, etc., depending on the circumstances) that you were injured.  


Evidence gathering is also very important. Collect as much information as you can, including photographs or videos of the scene of the incident and the names and contact information of any eyewitnesses. It’s a good idea to write down your recollection of how the accident occurred as soon as you can while the details are still fresh in your mind.  


What comes next in the legal process 

The next important step in the process is to ensure that proper notice is given within the required timelines. This is necessary even if you already talked to the property owner at the scene of the accident or made an accident report. There are very tight notice requirements that apply to certain types of slip and fall accidents in Ontario:  


  • Slip and falls due to ice and snow. Recent changes to Ontario’s Occupiers’ Liability Act now require a slip and fall claimant to provide written notice to a private property owner, property manager, independent snow removal contractor, or tenant within 60 days of the accident if the injury was caused by ice or snow. The notice must include the date, time, and location of the occurrence, and be personally served or sent by registered mail.  


  • Slip and falls on public property. Ontario’s Municipal Act, 2001 requires a slip and fall claimant to serve written notice on the municipality within 10 days of the accident occurring. The written notice must include the date, time, and location of the occurrence, and be served upon or sent by registered mail to the clerk of the municipality.  


Failure to provide notice of your slip and fall accident within the applicable notice period may block you from bringing a personal injury claim. You may not yet know if your injuries are serious or long-lasting, and you may be unsure about whether the slip and fall occurred on private or public property. When in doubt, contact an experienced slip and fall lawyer right away. A Barrie slip and fall lawyer can help identify and serve notice on all potentially involved parties to ensure your rights are preserved.  


Next steps in the personal injury claim process 

File an insurance claim. You will need to promptly report the slip and fall to the property owner or occupier’s insurance company. You will need to provide evidence to support your claim (e.g., photographs of uncleared snow or debris to establish negligence; medical records to prove the injuries your suffered). You will likely be contacted by the occupier’s insurance company requesting further information. We strongly recommend speaking with a personal injury lawyer before speaking with the insurance company to ensure you understand your legal rights and don’t share information that may hurt your claim.  


Continue collecting evidence to support your claim. To obtain compensation, you have to prove liability (i.e., that someone else’s negligence or fault caused the slip and fall), you have to prove the nature and extent of the injuries caused by the accident, and you will want evidence to push back against any defences raised against your claim. Necessary evidence may include surveillance footage, eyewitness statements, police or ambulance reports, maintenance records, receipts for medical treatments, employment records, and medical reports. A skilled personal injury lawyer can help gather evidence and put forward a strong case.  


Start a personal injury lawsuit. The default rule in Ontario is that an injured person has two years from the date of an accident to commence a lawsuit. A personal injury lawsuit is started by preparing and filing a Statement of Claim with the appropriate court, which must be served on the defendant(s) – that is the person, corporation, or government body that is responsible for the property. The defendant(s) will need to file a Statement of Defence and they’ll very likely hire their own lawyer to defend against your claim. 


Steps beyond that will vary. Some claims are settled by negotiations with the insurance company without the need to start a court case. And starting a lawsuit in court doesn’t mean your case has to go to trial—in fact, the majority of personal injury lawsuits are settled out of court.  


You will need to go through the steps in the legal process, including attending examination for discovery, participating in mediation, and attending the pre-trial conference, all the while attempting to negotiate a fair settlement. You may also be required to attend an independent medical assessment. You should also continue to build your case throughout the process so you are prepared for trial if the insurance company continues to deny your claim or refuses to pay fair compensation.  


Get Trusted Legal Advice From A Barrie Slip And Fall Lawyer  


Barrie law firm Littlejohn Barristers is a team of dedicated, talented, and passionate legal professionals who focus solely on personal injury litigation.  


Our personal injury lawyers have years of experience representing clients who have been injured in slip and falls. A slip and fall lawyer in Barrie can help you navigate the notice requirements and claims process, and we will deal with the insurance companies so you can focus on recovering from your injuries. If the insurance company is being unreasonable, we will guide you through court process, including taking your case to trial to get the compensation you deserve.  


If you have suffered a slip and fall injury in Barrie or the surrounding areas, please contact our office at 705-725-7355 to schedule your free initial consultation. We serve clients in Collingwood, Orillia, Midland and Barrie.   

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