Confused and in Need of Clarification?
We would like to provide you with some immediate answers to relieve the initial stress that the mountain of questions your difficult situation has generated.
The personal injury team at Himelfarb Proszanski has successfully handled over 10,000 cases in a large spectrum of personal injury and disability claim matters. We are sharing here answers to some of the questions people approaching us are asking most frequently.
Please do not hesitate to get in touch (via phone, email, live chat support, or contact form) if you need any more precision, if anything is not clear enough, or if you feel you need any additional assistance or legal advice.
A tort is a harm resulting in personal injury to one individual, caused by the negligence of another individual or entity. The initial steps involved in a tort claim include an investigation, review of medical and clinical reports, and assessments by experts to clarify the injured person’s needs and damages. The steps involved in a legal proceeding include the issuance of a statement of claim, obtaining a statement of defence, preparing and sending an affidavit of all documents to all parties, receiving affidavits of documents from all responding parties, attending examinations for discovery with clients, pursuing settlement of the case through negotiation, mediation and/or pre-trial, and finally a trial if necessary. It’s important to keep in mind that approximately only 2% of cases proceed to trial, while most are settled prior to trial.
If your injuries pass the “threshold test”, all past, present and future health care expenses not covered by OHIP or by your accident benefits insurer are claimable.
To sue for non-pecuniary damages, you have to prove that your injury meets the “threshold.” This can only be done if you have suffered either a permanent and serious impairment of an important physical, mental or psychological function, or permanent and serious disfigurement.
Yes. Family members are entitled to sue for loss of care. These claims may be subject to a monetary deductible. Your family members may also be entitled to recover damages if your injuries have harmed your relationship with them, as well as any out-of-pocket expenses they have incurred as a result of your injury.
“Choosing the right lawyer is the most important thing to do after accident or insurance denial. It makes a difference in the quality and ability of the firm you hire. This translates to bigger and better settlements for our clients.”
~David Himelfarb
Why Choose HIMPRO?
Himelfarb Proszanski’s disability team has a strong reputation of successfully handling disability claims in Ontario. Some major local law firms refer us their client’s disability cases. Our track record of successfully handling 97.5% of denied disability claims proves that insurance companies take us seriously.
We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. And finally, we’re the only firm to offer you. And finally, we’re the only firm to offer you the HIMPRO Advantage™.
- Your injury is assessed and your options are discussed
- Your rights are protected and your claim is pursued
- Your disability and other benefits are secured
- You or a loved one obtains the award they deserve
- You receive updates throughout the entire process – Our Communication Guarantee
- Your injury assessments are booked with respected specialists
- Your rehabilitation is optimized and personalized using our extensive network of rehabilitation and medical specialists
- Your rehabilitation is monitored and tracked
- Your case is managed by our lawyers from start to finish
- You are made aware of options designed to maximize your settlement amount
- Free Case Evaluation
Schedule your free no-obligation personal injury evaluation. - Hospital & Home Visits
Visits are available free of charge anywhere in Ontario. - No Fees Unless We Win
Our guarantee: we don’t get paid until your case settles.