Canada: Personal Injury Claims – 9 Things To Do Following An Accident

Accidents happen. Sometimes an accident may cause extensive physical and psychological injuries and prevent you from working, caring for yourself and your family, and participating in activities that you used to enjoy.

Here are some things that you can do in the minutes and months following an injury that can assist in the event you are injured in an accident.

1. Medical Attention: First and foremost, your priority and the priority of those around you should be to ensure that you receive timely and appropriate medical attention. Your physical and psychological health are paramount.

2. Witnesses: Immediately or as soon as possible, make a list of all individuals who witnessed the incident. This list should include names, phone numbers, addresses, and e-mail addresses. Witnesses may help support your claim.

3. Photographs: Pictures speak louder than words. You should take, and save, photographs of the exact location of incident as soon as possible. Your objective is to take pictures and/or videos of the conditions that caused or contributed to the incident. For example, if you slipped and fell on an icy sidewalk, you should take pictures of the sidewalk, the ice, the location of the sidewalk on the street, and the surrounding area.

4. Make Notes: Memories fade, but in litigation, details are very important. What you write down will depend on the nature of the incident. For example, if you slip and fall, you should note where you were walking, what shoes you were wearing, a description of the ground/flooring, etc. If you have a sports injury, you may want to describe how you put on your equipment, the time of the game/event, and the location of the event. In a boating accident, you may want to note wind direction and gusts, location of the sun, and the location of the accident on a GPS. Write down a very detailed summary of the incident. This may include:

  • The date; the time of day; the weather conditions; the lighting (daylight, sunset, well-lit room, etc.); what you saw and heard prior to the incident (children playing nearby, cars, boats driving by).
  • What you felt as the incident happened (did you trip on the sidewalk, slip on ice, fall unexpectedly playing hockey/soccer/football).
  • Describe how you fell and how you landed after you fell. Try to describe the mechanics of the incident (i.e. I stepped forward with my right foot, I slipped on the ice, fell backwards twisting my right knee, put my left hand out to brace the fall and landed on my left shoulder).
  • What happened after the incident (i.e. I could not move, I felt pain, the ground felt cold/warm, people came to help me, I passed out).
  • Also write down what happened in the days and months following the incident. We recommend keeping a journal in which you can write down medical appointments, pain levels, mobility, etc. Keep track of your personal account of your pain and rehabilitation.

5. Keep your shoes and clothing: Do not wear the shoes again and certainly do not discard them. Your shoes may need to be produced as evidence in a slip and fall. If you have a sporting injury, keep your sports equipment. If you injure yourself while operating an all-terrain vehicle or boating or sledding or skiing, etc., you should seek legal advice about whether it is necessary to preserve relevant evidence.

6. Treatment: Seek prompt and ongoing medical treatment as required and follow the medical advice you receive. It is important to document your injuries and determine your diagnosis and prognosis. Your doctors may refer you to specialists or other healthcare providers such as physiotherapists, chiropractors, or massage therapists. You do not, however, need to know your diagnosis and prognosis before you seek legal advice about whether you have a potential legal claim against the property owner or another party involved in the incident.

7. Receipts: Keep all receipts for purchases related to the incident. This may include receipts for prescriptions or over the counter medication, medical care, other medical aids (braces, crutches), exercise facilities or devices (balls, rolls, etc.), replacement clothing/eyewear/shoes, and treatment receipts (massage, physiotherapy, chiropractic care).

8. Employment: If you are unable to work, obtain appropriate medical notes/reports for your employer. Provide frequent updates of your condition to your employer. Document the days of work missed. You may qualify for short-term or long-term disability benefits. You may have a compensable loss of income claim. A lawyer can help you navigate your time off of work.

9. Retain a lawyer: In Manitoba, you have two years to sue from the date of the accident. However, other limitation periods may apply. A lawyer will advise you of all potential deadlines. A lawyer will also assist in putting all necessary parties on notice of your accident and guide you through the foregoing steps and advance a claim on your behalf.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions