Personal Injury Glossary

This page is general information, not legal advice, and definitions are simplified for a general audience. It isn’t a substitute for advice about your own situation.

Jump to a term, or use your browser’s find function (Ctrl/Cmd + F).

Attendant Care Benefit  |  Catastrophic Impairment  |  Contingency Fee  |  Contributory Negligence  |  Family Law Act Claim  |  Future Care Costs  |  Income Replacement Benefit  |  Independent Medical Examination  |  Licence Appeal Tribunal  |  Limitation Period  |  Long-Term Disability  |  Minor Injury Guideline  |  Notice Period  |  Occupier’s Liability  |  Optional Accident Benefits  |  Pain and Suffering  |  Statutory Accident Benefits  |  Statutory Deductible  |  Structured Settlement  |  Threshold Motion  |  Tort Claim  |  WSIB

Attendant Care Benefit

An accident benefit that pays for help with dressing, bathing and other daily needs after an injury, whether provided by an aide or, in some cases, a family member. It remains a mandatory benefit, and how much is available depends on how the injury is classified.

Catastrophic Impairment

A legal designation under Ontario’s auto insurance system for the most severe injuries, which unlocks significantly higher accident benefit limits than a standard claim.

Contingency Fee

A fee arrangement in which the lawyer is paid only if the case succeeds, usually as a percentage of the amount recovered. In Ontario, contingency fee agreements must use the Law Society’s standard form, and the client receives a plain-language guide explaining how the fee works.

Contributory Negligence

When an injured person’s own carelessness contributed to their injuries, for example by not wearing a seatbelt. The court assigns a share of fault and reduces the damages by that percentage, but it doesn’t usually defeat the claim entirely.

Family Law Act Claim

A claim that lets certain family members of a person who was injured or killed, such as a spouse, children, parents, grandparents and siblings, recover their own losses, including expenses and the loss of that person’s guidance, care and companionship.

Future Care Costs and Loss of Earning Capacity

Compensation for losses that haven’t happened yet: the cost of treatment, care and support an injured person will need in the future, and the income they’re likely to lose because the injury reduces their ability to work. Both usually rely on expert evidence.

Income Replacement Benefit

A statutory accident benefit that replaces part of the income lost by someone who can’t work because of injuries from a car accident, subject to caps set out in Ontario’s insurance regulations. For policies issued or renewed on or after July 1, 2026, it is optional coverage, so whether you can claim it depends on what your policy includes.

Independent Medical Examination (IME)

An assessment by a doctor chosen and paid for by the insurer rather than your own treating physician, usually used to evaluate the extent of an injury or ongoing disability.

LAT (Licence Appeal Tribunal)

The Ontario tribunal that decides disputes between an injured person and their auto insurer about statutory accident benefits, such as a denied treatment plan or income replacement benefit. These disputes go to the LAT rather than to court.

Limitation Period

The legal deadline to start a lawsuit. In Ontario, most personal injury claims must be started within two years of the date you knew, or reasonably ought to have known, that you had a claim.

Long-Term Disability (LTD)

Insurance, usually provided through an employer, that replaces part of a person’s income when illness or injury keeps them from working for an extended period. Most policies first ask whether you can do your own job and, after a set period, whether you can do any job you’re reasonably suited for.

Minor Injury Guideline (MIG)

A framework under Ontario’s accident benefits rules that limits medical and rehabilitation benefits for injuries such as sprains, strains and whiplash to $3,500. An injured person can be treated outside the MIG with evidence that the injury is more serious or that a pre-existing condition will slow recovery.

Notice Period

A short deadline to give written notice before suing for some injuries, separate from the limitation period. For a fall or crash caused by a road or sidewalk a municipality failed to maintain, notice must usually reach the municipality within 10 days. For a fall on snow or ice on private property, notice must be given to the owner or occupier within 60 days.

Occupier’s Liability

The legal responsibility a property owner or occupier has to keep their premises reasonably safe. It’s the basis for most slip-and-fall claims in Ontario. Read more about occupier’s liability claims →

Optional Accident Benefits

Accident benefits that aren’t part of the mandatory coverage on an Ontario auto policy issued or renewed on or after July 1, 2026, including income replacement, non-earner, caregiver and housekeeping benefits. They’re available only to the named insured, their spouse, their dependants and listed drivers.

Pain and Suffering (Non-Pecuniary Damages)

Compensation for the pain, loss of enjoyment of life and other non-financial effects of an injury. Awards are capped at an amount set by the Supreme Court of Canada and adjusted for inflation, and in car accident claims they’re also subject to the statutory deductible and the threshold.

Statutory Accident Benefits (SABS)

Benefits available after a car accident regardless of fault, paid by your own insurer. For policies issued or renewed on or after July 1, 2026, only medical, rehabilitation and attendant care benefits are mandatory; income replacement and other benefits are optional coverage.

Statutory Deductible

An amount automatically taken off pain and suffering awards in Ontario car accident lawsuits. It’s adjusted every year and doesn’t apply once the award passes a set level. A smaller deductible also applies to Family Law Act claims by family members.

Structured Settlement

A settlement paid out over time through scheduled payments, rather than as a single lump sum, often used in serious injury cases.

Threshold Motion

A pre-trial motion in an Ontario car accident lawsuit in which the defence argues the injuries don’t meet the legal threshold required to sue for pain and suffering.

Tort Claim

A lawsuit against the at-fault party for damages such as pain and suffering, separate from the no-fault accident benefits claimed through your own insurer.

WSIB (Workplace Safety and Insurance Board)

Ontario’s no-fault workplace insurance system, which provides benefits to workers injured on the job and generally limits their ability to sue their employer directly.