Whitby Personal Injury & Disability Lawyers
Since 1929 & Over 140 lawyers strong
Experienced personal injury lawyer discusses the importance of timing and advice in personal injury and disability denial claims in Ontario and the free consultation process.
If you have been injured, or an insurer has stopped paying benefits you were counting on, the decisions you make in the first few weeks matter more than most people realise. Deadlines run quietly. Some are as short as ten days. And the person on the phone from the claims department is not working for you.
Steven Polak is a partner at Lerners LLP, practising from the Whitby office at 123 Athol Street. Since 2008 he has acted only for injured and disabled people. He does not act for insurers, and he declines work that would require him to.
Call 905-409-2438. Consultations are free, at the office, at your home, or in hospital.
Why choose us?
Lerners LLP has practised since 1929 and has more than 140 lawyers and over 300 professional support staff. That matters in a specific way: insurers know which firms are prepared to fund a case through to trial and which are not, and it affects what they offer.
- Free consultation, at the office, your home, or in hospital
- No legal fee unless there is a recovery, under a written contingency agreement using the Law Society’s mandated template
- Recognised in The Best Lawyers in Canada, Personal Injury Litigation
- Repeatedly Recommended in Personal Injury by Lexpert
- Regional Law Firm of the Year, Ontario, Canadian Law Awards, 2026
- As heard on CBC Radio’s Ontario Today
Trusted Personal Injury Lawyers Serving Whitby & Pickering
Two things most people are never told, and each of them costs money.
A fall on ice may give you sixty days, and a fall on a sidewalk ten
For injuries caused by snow or ice, written notice must be given to the occupier and to whoever was responsible for clearing the property. Not two years. Sixty days. Miss it and the claim can be barred no matter how badly you were hurt.
If the fall was on a municipal sidewalk or road, a much shorter notice period applies, which can be ten days in some circumstances. Exceptions may apply – legal advice is strongly recommended for your particular situation.
If you have already passed sixty days, call anyway. There are exceptions.
Slip and fall claims in Durham
Appealing a disability denial does not stop the clock
The internal appeal is run by the insurer. It has no fixed timetable, and while it proceeds your limitation period keeps running. People lose the right to sue entirely while waiting patiently for an appeal decision.
Treat the date of your first denial as the start of the limitation period.
Our legal representation helps you through every step
If you or a family member have been injured, finding the right lawyer is a large part of getting your life back on track. The process and the options can be intimidating. Our role is to carry that weight rather than add to it.
Being an injury and disability lawyer is an emotional job because of all the heartache and tragedy that you see. You often see people who are on the verge of collapse and they turn to you as their last hope. Helping those people achieve the financial security to mitigate their losses is an incredibly rewarding part of my job.
Steven Polak, Partner, Lerners LLP
Areas of Personal Injury Practice
| Area | What it covers |
|---|---|
| Car accidents | Drivers, passengers, pedestrians, cyclists, hit and run, uninsured drivers, fatal collisions |
| Long term disability | Denials and cut-offs by Manulife, Desjardins, Sun Life, Canada Life and others |
| Slip and fall | Ice and snow, parking lots, building entrances, municipal sidewalks |
| Motorcycle | Collisions involving motorcycles |
| Pedestrian | People struck by vehicles |
| Bicycle | Cyclists injured in collisions |
| Dog bites | Animal attacks and owner liability |
| Concussion and brain injury | Concussion and acquired brain injury |
| Sexual abuse and assault | Civil claims for survivors |
Testimonials
Clearly Mr. Polak is ahead of the game and has been throughout this litigation in relation to the efforts made to service his client.
Oshawa Court
Thanks a lot for your excellent work on my case
G.G. Toronto, Ontario
You really did a great job on the case. The other Injury Lawyers that I spoke with in Toronto and Oshawa wouldn’t even talk to me. I am glad that I called.
RP, Oshawa, Ontario
I want to express my thanks for everything that you have done for me.”
AF, Whitby, Ontario
Where your case would be handled
Claims in Durham Region are litigated at the Durham Region Courthouse, 150 Bond Street East in Oshawa. Steven appears there regularly and knows how matters move through that courthouse. Examinations for discovery are typically held at Durham Court Reporting, 12 Stanley Court, Whitby.
Our main office is at 123 Athol Street, Whitby.
We act for clients across Whitby, Oshawa, Ajax, Pickering, Clarington and Bowmanville.
What it costs
Consultations are free and carry no obligation. Cases are taken on contingency, so legal fees are payable out of what is recovered, set out in a written agreement at the start. Fees range from 0% where a benefit is approved without a claim being filed, through 20% to 25% for early settlements, to a maximum of 33%. Lerners funds the disbursements needed to run a case properly, including expert reports. In most cases we arrange insurance that covers those disbursements if the claim is unsuccessful. Your contingency fee agreement sets out how disbursements are handled in your case, and we go through it with you before you sign.
Our philosophy
We recognise that each client’s situation is different, and we do not impose our views. You will never hear us say “you have to take this settlement” or “you cannot take this amount.” You are the client. Our job is to give you sensible, reasonable advice and then respect your decision.
We are not here to create claims or to deceive anyone. What keeps us going is the sense that we are doing what is right and working hard to put something right. We have worked to build a reputation for that, and we hope others in the legal and insurance industry would say the same if you asked them. Who you choose as a lawyer says something to the insurance company and to the lawyer on the other side.
Speak to a lawyer
If you have been injured in Whitby, Oshawa, Ajax, Pickering, Clarington or Bowmanville, or your disability benefits have been denied, the consultation costs nothing and there is no obligation to retain us.
Call 905-409-2438, or use the form below. Home and hospital appointments available.
Who you will be dealing with
Steven Polak. Partner at Lerners LLP, licensed as a lawyer in Ontario, working out of 123 Athol Street in Whitby. You can read more about him, see how this practice approaches a file, or go straight to what it costs.