Where Do I File My Personal Injury Case for an Out-of-Province Accident?

If you're an Ontario resident and you're injured by the negligent actions of another in your home province, the process is fairly straightforward. You will file your case in Ontario and work with an experienced Ontario personal injury lawyer who can fight for the compensation you deserve. But what happens if your accident occurred in a different province? Will your case need to be filed in the jurisdiction where the accident occurred or can you still file in Ontario?

The answer to these questions is somewhat complex. Ontario courts will evaluate these situations on a case by case basis. The court will consider the following factors when determining the appropriate jurisdiction for your personal injury case to be filed:

• The location of the accident
• Where the injured victim lives
• Where the alleged negligent party lives
• The severity of your injuries
• Whether there are witnesses that may need to testify at a trial, and the province where these witnesses live
• The location of family doctors and other treatment providers
• Whether filing the lawsuit in Ontario vs. the province where the accident occurred would be prejudicial to any of the parties in the lawsuit
• The specific laws and regulations in each province that may affect where the lawsuit can be filed

Due to the complexities of cases involving out-of-province accidents, it's crucial that you speak to an experienced attorney at once. At Findlay Personal Injury Lawyers, our attorneys have more than 35 years of experience fighting for the rights of injured victims in Hamilton and the surrounding areas of Ontario. We will evaluate the specifics of your case to help you determine whether you can file in Ontario. If your case must proceed in the province where the injury occurred, we can help you find an experienced attorney in that jurisdiction who can provide you with the quality legal representation you deserve.

If you've been injured by the negligence of another, please contact Findlay Personal Injury Lawyers using the form on this page or call 905-522-9799 today to schedule your free consultation. We serve clients in Hamilton, Brantford, Burlington, Stoney Creek, Niagara Falls and the surrounding areas of Ontario.