Hamilton Pedestrian Accident Lawyer

Hamilton Pedestrian Accident Lawyer Matt Lalande Has Been Serving Victims Hit by Cars in Ontario Since 2003.

Free Consultations Provincewide. Call 905-333-8888 or Send us a Message Today.

According to the Ministry of Transportation, pedestrians in Ontario are frequently struck by distracted drivers, impaired motorists, buses, delivery trucks, and other large commercial vehicles. The most experienced Hamilton Pedestrian Accident Lawyers in Ontario often handle cases involving negligent drivers – including taxi drivers who ignore posted speed limits, fail to yield at crosswalks, and violate common traffic laws – putting innocent pedestrians at serious risk.

Accident victims, including children, seniors, and individuals with mobility devices, often suffer devastating injuries due to driver negligence. Whether you’re crossing the street, walking through a parking lot, or suffering from crosswalk injuries, the consequences of being a pedestrian hit by a car in Hamilton can be both traumatic and life-altering. Our experienced legal team focuses on proving driver liability and recovering fair compensation for accident victims across Ontario.

Motor vehicle accidents involving pedestrians frequently lead to catastrophic injuries or fatalities. If you or a loved one has been hit by a car in Hamilton, you may be entitled to significant legal compensation to help restore your financial stability and quality of life.

Our Hamilton pedestrian accident lawyers are well-versed in insurance claims, litigation strategies, and negotiating settlements with aggressive insurers—always working on a contingency basis, so you don’t pay unless we win.

Since 2003, Hamilton pedestrian accident lawyer Matt Lalande has successfully represented hundreds of injured pedestrians throughout Hamilton and Ontario, including those who were walking, running, or using wheelchairs. Our law firm also supports grieving families and parents whose children have endured life-changing injuries due to driver negligence.

If you or a loved one has been hit by a car or truck while crossing the street, walking near traffic, or navigating high-risk pedestrian zones, our dedicated legal team is here to help. We specialize in complex pedestrian accident cases, and we will fight to protect your rights and ensure compensation for your losses. Contact one of our trusted Hamilton pedestrian accident lawyers 24/7 by filling out our contact form, calling 905-333-8888, or send us a confidential message to schedule your free consultation.

How Lalande Personal Injury & Disability Lawyers can Help Recover Compensation after Being hit by a Car or Truck in Hamilton, Ontario.

At Lalande Personal Injury Lawyers, we understand that pedestrian accidents in Hamilton can leave you facing devastating injuries, mounting medical bills, and an uncertain future. When you’ve been struck by a vehicle, you need comprehensive legal support that addresses every dimension of your recovery—and that’s exactly what we provide through our integrated approach to personal injury law, employment law, and disability law.

Our personal injury lawyer fight to secure the full compensation you deserve for your pedestrian accident injuries. We handle every aspect of your claim, dealing directly with insurance companies who often try to minimize payouts or shift blame onto pedestrians. We calculate the complete value of your damages—including ongoing rehabilitation costs, lost income, diminished earning capacity, pain and suffering, and the long-term impact on your quality of life. Many pedestrian accident victims suffer catastrophic injuries including traumatic brain injuries, spinal cord damage, and severe fractures that require years of treatment and care.

Our employment law team protects your workplace rights when injuries prevent you from returning to your job. We assist with wrongful dismissal claims if your employer terminates you during recovery, negotiate accommodation requirements under the Human Rights Code, and guide you through difficult conversations about modified duties, graduated return-to-work plans, or permanent workplace restrictions.

Our disability law specialists help you navigate the complex process of securing disability benefits when your injuries prevent you from working. We handle claims for both short-term and long-term disability insurance, appeal denied claims, and fight insurance companies who improperly terminate benefits. Whether you’re dealing with private disability insurance or applying for Canada Pension Plan Disability benefits, we ensure you receive the financial support you need.

Lalande Personal Injury Lawyers works on a contingency fee basis, which means you pay no legal fees unless we successfully recover compensation for you. Our Hamilton legal team provides coordinated representation across all three areas of law, ensuring nothing falls through the cracks as you navigate the aftermath of your pedestrian accident. Contact Lalande Personal Injury Lawyers today to discuss your pedestrian accident claim and learn how our comprehensive legal services can help you rebuild your life.

How do I Know if I have a Pedestrian Accident Case?

If you were hit by a vehicle while walking and suffered injuries, you likely have a valid pedestrian accident case. Ontario law presumes drivers are at fault when they hit pedestrians, which means you don’t need to prove negligence—the driver must prove they weren’t negligent. Strong indicators that you have a case include:

The driver engaged in negligent behavior

Common examples include speeding, running red lights or stop signs, failing to yield at crosswalks, driving under the influence of alcohol or drugs, texting while driving, or operating the vehicle recklessly. Even if the driver doesn’t face criminal charges, you can still pursue a civil claim.

You sustained serious injuries

Your case strengthens when you can demonstrate physical harm requiring medical treatment. This includes broken bones, traumatic brain injuries, spinal cord damage, soft tissue injuries, or any condition that required emergency care, hospitalization, surgery, or ongoing medical treatment.

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The accident has caused you financial losses

You have a stronger claim when the accident forces you to miss work, incur medical expenses, require rehabilitation services, or experience a reduced earning capacity. Courts also recognize non-economic losses like pain and suffering, loss of enjoyment of life, and emotional distress.

Evidence supports your version of events

Witnesses, surveillance footage, police reports, photographs of the accident scene, and expert testimony all strengthen your case. A Hamilton pedestrian accident lawyer can identify and gather evidence you might not know exists, including traffic camera footage, cell phone records proving distracted driving, or accident reconstruction analysis.

Understanding negligence in your case

Drivers owe pedestrians a duty to exercise reasonable care. When they breach this duty—whether through speeding, distraction, impairment, or other careless behavior—and that breach directly causes your injuries, you have grounds for financial compensation.

Pedestrian accident cases involve nuanced legal principles and complex evidence gathering. A Hamilton pedestrian accident lawyer can evaluate the specific facts of your situation, identify all potential claims, assess the strengths and weaknesses of your case, and determine the full scope of compensation you deserve.

Find a Pedestrian Accident Lawyer near me

If you’ve never hired a lawyer before, the process can feel overwhelming—especially when you’re recovering from injuries. Finding the right Hamilton pedestrian accident lawyer requires careful research and due diligence, but you can simplify the search by following these practical steps.

Start with personal recommendations

Ask friends, family members, or colleagues if they’ve worked with a personal injury lawyer they would recommend. Personal referrals offer valuable insight into a lawyer’s communication style, responsiveness, and ability to deliver results. People you trust can share honest experiences about what to expect throughout the legal process.

Consult other professionals in your network

If you know other lawyers—even those who practice in different areas like real estate or family law—ask them for recommendations. Lawyers understand the legal community and can often refer you to reputable pedestrian accident lawyers with proven track records. Your family doctor, accountant, or financial advisor may also know reliable legal professionals.

Conduct a targeted web search

Search for “Hamilton pedestrian accident lawyer near me” or “pedestrian accident lawyer in Ontario” to find local options. When you visit law firm websites, look for information about their education, years of experience, case results, and specific expertise in pedestrian accident claims. Well-established firms typically provide detailed information about their legal team and practice areas.

Read Google reviews and online testimonials carefully

Client reviews can reveal important details about a lawyer’s approach, communication habits, and success rate. Look for patterns in the feedback—do multiple clients mention the lawyer’s compassion, accessibility, or ability to secure fair settlements? Pay attention to how the firm responds to both positive and negative reviews, as this demonstrates their professionalism and commitment to client satisfaction.

Check traditional media, but proceed with caution

You may see personal injury lawyers advertising on television, billboards, radio, or in newspapers. While some of these lawyers run legitimate, successful practices, you must exercise caution when hiring based solely on advertising.

Do your due diligence before making a decision

Once you’ve identified potential lawyers through referrals, searches, and reviews, take these additional steps:

Schedule a free consultation

Most Hamilton pedestrian accident lawyers offer free initial consultations. Use this opportunity to meet several lawyers, discuss your case, and assess whether you feel comfortable working with them. A good lawyer will listen carefully, answer your questions clearly, and explain your legal options without pressure.

Ask about their specific experience with pedestrian accidents

General personal injury experience isn’t enough. You need a lawyer who regularly handles pedestrian accident cases and understands the unique medical, legal, and insurance challenges these claims present. Ask how many pedestrian accident cases they’ve handled and what results they achieved.

Verify their credentials and reputation

Check if the lawyer is a member in good standing with the Law Society of Ontario. Look for additional credentials, professional memberships, or recognition from legal organizations. You can also search for any disciplinary actions or complaints.

Understand their fee structure clearly

Most pedestrian accident lawyers work on contingency, meaning you pay no legal fees unless they win your case and recover a settlement. Make sure you understand exactly what percentage they charge, what expenses you might be responsible for, and when you’ll need to pay. Get this information in writing before you sign any agreement.

Assess their communication style

Pay attention to how the lawyer communicates during your consultation. Do they explain legal concepts in plain language? Do they listen to your concerns? Do they return calls promptly? Strong communication is essential throughout your case, so choose a lawyer who makes you feel heard and informed.

Evaluate their approach to your case

Be wary of lawyers who make unrealistic promises about settlement amounts or guaranteed outcomes. Personal injury cases involve many variables, and honest lawyers will explain both the strengths and potential challenges of your claim. Look for a lawyer who offers realistic assessments and demonstrates a strategic approach to securing fair compensation.

Trust your instincts

After meeting with potential lawyers, consider how you felt during the consultation. Did the lawyer seem genuinely concerned about your wellbeing? Did they treat you with respect? Could you see yourself working with them for months or potentially years? Your relationship with your lawyer matters, so choose someone you trust and feel comfortable with.

Causes of Hamilton, Ontario Pedestrian Accidents

Pedestrians are the most vulnerable users of Ontario’s roads. Whether walking, jogging, using a mobility device, or pushing a stroller, they lack the physical protection vehicles provide. When a pedestrian is struck, the outcome is often catastrophic—especially in urban areas like Hamilton where traffic density, speed, and visibility issues intersect.

According to Statistics Canada and Ontario collision data:

• 30% of pedestrian fatalities involve pedestrians who were intoxicated or impaired.
• 10% of pedestrian accidents involve drivers distracted by their cell phones.
• 30% of pedestrian deaths are linked to drivers failing to yield, speeding, losing control, disobeying signals, or making improper turns.
• Over half of all pedestrians killed were struck after dark, highlighting the danger of poor visibility.

While growing traffic volumes contribute to higher collision numbers, most pedestrian accidents are preventable. Common causes include:

• Distracted driving: Using phones, adjusting navigation, eating, or engaging with passengers diverts attention from the road, often at critical moments.
• Excessive speed: Higher speeds reduce reaction time and exponentially increase impact force, turning survivable incidents into fatal ones.
• Impaired or fatigued driving: Alcohol, drugs, or exhaustion significantly slow reaction times and impair judgment.
• Failure to yield and traffic violations: Ignoring crosswalks, running red lights, and making careless left-hand turns frequently result in pedestrian harm.
• Poor roadway design and maintenance: Hidden or unmarked crosswalks, inadequate sidewalks, malfunctioning lights, missing signage, and insufficient street lighting all heighten risk.
• Environmental and behavioural factors: Poor weather, construction detours, and distracted walking contribute to reduced visibility and slower response times.
• Silent hybrid and electric vehicles: The near absence of engine noise removes an important auditory warning for pedestrians, particularly those with visual or hearing impairments.
• Higher local speed limits: Recent increases in some communities have worsened injury severity and fatality rates.

In Hamilton and across Ontario, pedestrian accidents are rarely caused by a single factor. Our lawyers investigate every contributing cause—from driver conduct to infrastructure failures—to ensure accountability. By exposing negligence and identifying systemic issues, we help injured pedestrians and their families obtain the compensation and justice they deserve.

Common Pedestrian Accident Injuries in Hamilton, Ontario.

When a vehicle strikes a pedestrian in or around Hamilton, Ontario, the results are often catastrophic. The sheer force of impact between a multi-ton vehicle and an unprotected human body causes devastating injuries that can permanently alter every aspect of a victim’s life. Our Hamilton pedestrian accident lawyers regularly represent clients who face years of medical treatment, rehabilitation, and life-long challenges following these tragic collisions. Consider the following: 

Traumatic brain injuries represent one of the most serious consequences of pedestrian accidents. When a pedestrian’s head strikes a vehicle, windshield, or pavement, the impact can cause skull fractures, brain bleeding, and permanent neurological damage. Many victims suffer moderate to severe traumatic brain injuries that lead to cognitive impairments, memory loss, personality changes, seizures, and reduced motor function. These injuries often require lifelong medical care, rehabilitation, and personal assistance with daily activities.

Spinal cord injuries and paralysis occur when the tremendous force of impact damages the delicate spinal cord. Victims may experience complete or incomplete paralysis, losing the ability to walk, control bodily functions, or live independently. Paraplegia affects the lower body, while quadriplegia can leave victims unable to move or feel anything below the neck. These catastrophic injuries demand extensive medical intervention, specialized equipment, home modifications, and round-the-clock care.

Severe internal organ damage frequently occurs when pedestrians are struck by light trucks, SUVs, and vans. The height of these vehicles causes devastating mid-body injuries that crush or rupture vital organs including the liver, spleen, kidneys, lungs, and heart. Internal bleeding can be immediately life-threatening and often requires emergency surgery. Even with successful treatment, victims may suffer permanent organ dysfunction requiring ongoing medical management.

Complex bone fractures are among the most common serious injuries in pedestrian accidents. Unlike simple breaks, these fractures often involve multiple breaks in the same bone, bones shattered into numerous pieces, or breaks that pierce through the skin. Victims typically require immediate surgery where orthopedic surgeons insert metal plates, screws, rods, and nails to reconstruct the damaged bones. Common fracture sites include the pelvis, femur, tibia, skull, ribs, and facial bones. Recovery can take months or years, and many victims never regain full function.

Crushing injuries occur when vehicles run over pedestrians or pin them against other objects. The extreme pressure destroys bones, muscles, nerves, and blood vessels. These injuries frequently lead to compartment syndrome, a life-threatening condition requiring emergency surgery. Severe crushing injuries may necessitate amputation to save the victim’s life or prevent deadly infections.

Amputations represent one of the most physically and psychologically devastating outcomes. When a vehicle severs a limb at the accident scene, or when crush injuries are so severe that surgeons must amputate to preserve the victim’s life, the consequences are permanent and profound. Victims face extensive rehabilitation, prosthetic fittings, home and vehicle modifications, and significant challenges returning to work and normal activities.

Severe soft tissue damage includes complete tears of major tendons and ligaments. Rotator cuff tears, ACL tears, and Achilles tendon ruptures require surgical repair and lengthy rehabilitation. Many victims never regain their pre-injury strength, flexibility, or range of motion, permanently limiting their physical capabilities.

Severe neck and back injuries including herniated discs, fractured vertebrae, and permanent nerve damage that causes chronic pain and mobility limitations.

Facial trauma and disfigurement from striking the vehicle or pavement, resulting in broken facial bones, lost teeth, eye injuries, and scarring that may require multiple reconstructive surgeries.

Severe lacerations and road rash that strip away skin and underlying tissue, leading to permanent scarring, disfigurement, and increased infection risk.

Asphyxiation injuries when victims become trapped under vehicles, potentially causing brain damage from oxygen deprivation.

Wrongful Death – Pedestrians hit by Cars

Pedestrian deaths remain one of the most pressing concerns in Ontario’s 2023 collision data. According to the Preliminary Ontario Road Safety Annual Report, 96 pedestrians were killed, accounting for 15.6% of all traffic fatalities. Despite decades of safety initiatives and public awareness campaigns, pedestrian fatalities have persisted at nearly the same proportion year after year.

Most of these tragedies occur in urban settings like Hamilton, often at intersections or while pedestrians are crossing where they have the right of way.

Under Ontario law, drivers are presumed to be at fault when a vehicle strikes a pedestrian unless they can demonstrate otherwise — a rule that reflects the heightened duty of care motorists owe to vulnerable road users. These deaths highlight an ongoing imbalance between vehicles and pedestrians on Ontario’s roads, where inattentive and speed-related driving remain the leading contributing factors.

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When a pedestrian is killed by a negligent driver, surviving family members have the right to seek compensation through a wrongful death claim under Ontario’s Family Law Act. This law allows spouses, children, parents, grandparents, and siblings to recover damages for the loss of guidance, care, and companionship, as well as for financial support that the deceased would have provided. While no amount of money can undo the loss, a wrongful death claim can help families secure accountability and financial stability after a preventable tragedy.

At Lalande Personal Injury Lawyers, our firm has decades of experience representing families in pedestrian wrongful death cases across Ontario. We understand the legal and emotional complexities these claims involve and work tirelessly to uncover the facts, prove negligence, and obtain justice for those left behind. Our focus is always on compassion, clarity, and achieving the best possible outcome for grieving families.

What is my Case Worth? Compensation after being Hit by a Car or Truck in Hamilton, Ontario.

This is a complicated questions to answer since the compensation claims vary depending on whether the victim lived or passed away from his or her injuries, the extent of the injuries, whether the vicitm was working and more importantly their age. 

Pedestrian Accident Wrongful Death Compensation 

When a loved one dies due to another person’s negligence in Ontario, surviving family members can pursue compensation through two distinct categories of damages: economic (pecuniary) and non-economic (non-pecuniary). Understanding these categories is essential for families seeking to protect their financial future and obtain justice after an unexpected loss.

Economic Damages (Pecuniary Losses)

Economic damages compensate families for the measurable financial losses they suffer as a result of their loved one’s death. These damages aim to restore the family’s financial position to what it would have been had the death not occurred. The most significant economic claim in wrongful death cases is the loss of shared family income, which represents the portion of the deceased’s income that would have been spent on the family’s needs, necessities, amenities, and enjoyments of life. The calculation focuses on the deceased’s net income after deducting taxes and personal consumption, covering both pre-retirement and post-retirement earning periods to ensure that surviving family members can maintain the same standard of living they would have enjoyed had their loved one survived.

Families can also recover funeral and burial expenses, including all reasonable costs for memorial services, burial or cremation, caskets, burial plots, and headstones. These immediate expenses often create unexpected financial burdens during an already devastating time. Additionally, compensation is available for the value of household and handyman services the deceased would have provided, such as cooking, cleaning, home maintenance, yard work, and repairs. Courts recognize that these contributions have real economic value, regardless of whether the family actually hires someone to replace these services. When a parent dies, surviving children are entitled to compensation for the value of childcare, guidance, and supervision that the deceased parent would have provided, including assistance with homework, transportation to activities, and day-to-day parenting responsibilities.

Surviving spouses can claim compensation for the loss of pension income and employment benefits such as medical, dental, and drug coverage that they would have received through the deceased’s employment. These losses are calculated without dependency reductions, recognizing that the survivor has suffered a direct financial loss. In certain circumstances, families can also claim damages for the loss of inheritance—the wealth that would have accumulated in the deceased’s estate had they lived their natural lifespan. This recognizes that the premature death prevented the deceased from building assets that would have benefited surviving family members.

Other economic damages include past and future wage losses that survivors themselves may have suffered due to psychological grief and emotional trauma following their loved one’s death. If a surviving spouse had to take time off work, reduce hours, or leave employment entirely to cope with the loss, these wage losses can be claimed. Surviving family members may also require ongoing psychological counseling, therapy, or other rehabilitation services to cope with their grief, and these future care costs can be claimed as economic damages. When substantial lump-sum awards are made, families may be entitled to compensation for professional investment management fees, and awards for future losses may be “grossed up” to offset the effects of income tax, ensuring families receive the full benefit of their compensation.

Non-Economic Damages (Non-Pecuniary Losses)

Non-economic damages compensate family members for the intangible, emotional losses they suffer following their loved one’s death. While these losses cannot be precisely quantified in monetary terms, Ontario law recognizes their profound impact on surviving family members. The primary non-economic damage in wrongful death cases is compensation for the loss of guidance, care, and companionship. Family members are entitled to compensation for the loss of the relationship, love, affection, moral support, comfort, protection, and companionship they would have enjoyed had their loved one survived.

For spouses, this includes the loss of marital companionship, emotional support, and the shared life partnership. For children, it encompasses the loss of parental guidance, nurturing, mentorship, and the irreplaceable parent-child bond. For parents who lose adult children, it includes the loss of emotional support, companionship, and the relationship they would have continued to enjoy. Courts assess this compensation based on numerous factors, including the age and health of the deceased at the time of death, whether the deceased lived with their dependents and the frequency of contact, the intimacy and quality of the relationship before death, the emotional self-sufficiency of the survivors, any periods of separation and their reasons, and the life expectancy of both the deceased and the survivors. While not separately categorized under Ontario law, courts recognize that the loss of guidance, care, and companionship inherently includes the severe emotional distress, grief, anxiety, depression, and psychological trauma that survivors experience, particularly when death occurs suddenly and unexpectedly in traumatic accidents.

Important Considerations

It’s important to understand that judges and juries cannot award unlimited amounts for loss of care, guidance, and companionship. They must follow ranges established by previous court decisions in similar cases to ensure consistency in awards. Additionally, the deceased person’s estate may bring a separate claim under Ontario’s Trustee Act for pain and suffering the deceased endured between the time of injury and death. This compensation becomes part of the deceased’s estate and is distributed according to their will or intestacy laws.

In motor vehicle accidents, families also receive statutory accident benefits regardless of fault, including death benefits of $25,000 to the spouse (or $50,000 with optional coverage), $10,000 to each dependent (or $20,000 with optional coverage), and funeral benefits up to $6,000 (or $8,000 with optional coverage). These benefits are separate from wrongful death lawsuit compensation. Under Ontario’s Family Law Act, spouses, children, parents, grandparents, grandchildren, and siblings can bring wrongful death claims, and the negligent driver’s automobile liability insurance will cover claims up to policy limits, typically between $1 million and $2 million in Ontario.

Pedestrian Accident Injury Compensation

When victims suffer the most severe and life-altering injuries in Canada, they are entitled to pursue multiple types of compensation to address the devastating physical, emotional, and financial consequences. Understanding the full scope of available claims ensures that victims receive maximum compensation for their losses.

Economic Damages (Pecuniary Losses)

Future Cost of Care – Compensation for all future medical treatment, surgeries, hospitalizations, rehabilitation, physiotherapy, occupational therapy, psychological counseling, prescription medications, medical equipment, mobility devices, prosthetics, and any other healthcare services the victim will require for the remainder of their life. This represents one of the largest components of severe injury claims.

Past Income Loss – Compensation for all wages, salary, bonuses, commissions, and employment benefits lost from the date of injury through the date of trial or settlement. This includes income lost during hospitalization, recovery, rehabilitation, and any period where the victim could not work due to their injuries.

Future Income Loss – Compensation for the loss of all future earning capacity throughout the victim’s working life. For victims rendered permanently unable to work due to severe injuries, this represents the present value of all wages, salary increases, promotions, bonuses, and career advancement they would have achieved had they not been injured. Economists calculate these losses based on the victim’s age, education, work history, career trajectory, and life expectancy.

Loss of Competitive Advantage – Compensation recognizing that even if victims can eventually return to some form of work, their severe injuries place them at a significant disadvantage in the competitive job market. This damages future employability, career advancement opportunities, job security, and earning potential.

Loss of Pension and Retirement Benefits – Compensation for the loss of employer pension contributions, retirement savings, RRSP contributions, and all retirement benefits the victim would have accumulated throughout their working life. This includes both the contributions not made during periods of unemployment and the lost investment growth those contributions would have generated over decades.

Loss of Employment Benefits – Compensation for the loss of medical insurance, dental coverage, drug benefits, life insurance, disability insurance, stock options, profit sharing, and all other employment benefits the victim would have received throughout their career.

Housekeeping and Home Maintenance Capacity – Compensation for the victim’s lost ability to perform household tasks, including cooking, cleaning, laundry, grocery shopping, yard work, snow removal, home repairs, vehicle maintenance, and all domestic services they previously provided. This is calculated based on the cost of hiring professionals to perform these services over the victim’s lifetime, regardless of whether the family actually hires replacement help.

Management Fees for Investment of Settlement Funds – Compensation for professional investment management fees necessary to prudently invest and preserve large settlement awards, ensuring the funds last throughout the victim’s lifetime and generate appropriate returns.

Market Rate Top Up – Ontario’s Accident Benefits provide essential coverage for medical and rehabilitation needs, but the legislated rates are far below real-world costs. Market rates for services such as attendant care, physiotherapy, case management, medication, housing modifications, and specialized transportation are often two to three times higher than what the Statutory Accident Benefits Schedule (SABS) allows. Without a top-up through a tort claim, the difference can amount to hundreds of thousands of dollars over a lifetime, leaving seriously injured victims without the resources necessary to meet their long-term care and rehabilitation needs.

Non-Economic Damages (Non-Pecuniary Losses)

Physical and Psychological Pain and Suffering, the Loss of Enjoyment of Life and Loss of Amenities – Compensation for the physical pain, discomfort, and suffering the victim endures due to their injuries, both past pain experienced since the injury and future pain they will experience throughout their life. In Canada, this compensation is subject to the Andrews cap, which as of 2025 stands at approximately $420,000-$460,000 for the most severe injuries.

Maximizing Compensation for Severe Injuries

Victims who suffer the worst injuries in Canada face extraordinary challenges, but the law provides comprehensive compensation to address their extensive needs. Successfully recovering maximum compensation requires:

• Immediate retention of experienced catastrophic injury lawyers who understand the full scope of available claims
• Early involvement of medical experts, life care planners, and economists to document injuries and calculate future needs
• Thorough documentation of all losses, expenses, and impacts on daily life
• Preservation of evidence and witness statements
• Strategic negotiation or trial preparation to overcome insurance company tactics
• Patience throughout the litigation process, which can take years for severe injury cases

The cumulative value of all available claims for the worst injuries often reaches multiple millions of dollars, reflecting the devastating and permanent impact these injuries have on victims and their families. Understanding every potential claim ensures that victims receive the full compensation they are entitled to under Canadian law, providing the financial security necessary for lifelong care, support, and the best possible quality of life despite catastrophic injuries.

Matt represented our son who was hit by a car in late 2019 while walking on campus. Matt was so kind and understanding and really fought hard for our family and recovered enough to get our son a monthly tax free cheque for the rest of his life now that he is 18. We will never forget the help Matt & Heather gave us along the way.

What to do Immediately After a Pedestrian Accident

When a pedestrian suffers life-threatening injuries, the first priority is survival. In the most serious cases, victims are rushed directly from the scene to the emergency department or intensive care unit (ICU). Families are suddenly left navigating hospitals, police updates, and insurance calls—often all at once.

If your loved one is in the ICU after a pedestrian accident:

• Ensure hospital staff and police have your contact information for updates.
• Ask to be connected with the hospital social worker or patient care coordinator. They can help you understand discharge planning, rehabilitation options, and early paperwork related to insurance and benefits.
• Do not speak with any insurance representative until you’ve received legal advice.
• Keep all hospital paperwork, police contact details, and any witness information.
• Contact an experienced pedestrian accident lawyer as soon as possible. Early involvement helps preserve evidence, secure benefits, coordinate with social workers, and ensure your family has financial and practical support while your loved one receives critical care.

How long do I have to file a Pedestrian Accident Lawsuit in Hamilton, Ontario?

In Hamilton, Ontario, you generally have two years from the date of your pedestrian accident to file a personal injury lawsuit. This limitation period is established under Ontario’s Limitations Act and applies to most pedestrian accident claims involving negligent drivers. The clock starts ticking on the day you were struck, which means if you were hit on January 15, 2024, you would need to file your lawsuit by January 15, 2026.

However, there are important exceptions and nuances to this rule that can significantly affect your case. If your pedestrian accident involved a municipal vehicle or occurred due to poor road maintenance, dangerous sidewalk conditions, or inadequate traffic signaling maintained by the City of Hamilton, you may face much shorter notice requirements. Claims against municipalities require you to provide written notice within ten days of the accident, making immediate action absolutely critical in these situations.

If you were a minor at the time of the accident, the two-year limitation period doesn’t begin until you turn eighteen years old. Similarly, if you suffered a catastrophic brain injury that left you mentally incapable of making legal decisions, the limitation period may be extended until you regain capacity or a litigation guardian is appointed on your behalf.

We strongly advise against waiting anywhere close to the two-year deadline to contact a Hamilton personal injury lawyer. Evidence disappears, witnesses’ memories fade, and surveillance footage gets deleted. Insurance companies also view early legal representation as a sign you’re serious about your claim, which often leads to better settlement negotiations. Furthermore, gathering the medical evidence, expert reports, and documentation needed to prove the full extent of your injuries and future losses takes considerable time—work that should begin immediately after your accident.

If you’ve been injured in a pedestrian accident in Hamilton, contact Lalande Personal Injury Lawyers today for a free consultation. We’ll review the specific circumstances of your case, identify all applicable deadlines, and ensure your rights are fully protected from day one.

Injured in a Pedestrian Accident? Our Hamilton Lawyers Can Help

If you were injured due to another driver’s negligence by car, truck, bus, or motorcycle while you were crossing any road, you may be entitled to compensation. At Lalande Long Term Disability & Personal Injury Lawyers, our compassionate lawyers help pedestrians who have been seriously injured by motorists.

Our Hamilton pedestrian accident lawyers will review the details of the accident and discuss your legal options during a free consultation. We have specialized in complex personal injury cases since 2003. 

Our consultations are always 100% free.  Our Hamilton pedestrian accident lawyers can come to you, and we will never ask you for money upfront.   Call us today nationwide at 1-844-LALANDE or local in the Hamilton / Southern Ontario Region at 905-333-8888  or fill in a contract form today to learn the compensation that you are entitled to.

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