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Accident Claims and the Ability to Sue

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Accident Claims and the Ability to Sue

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

All persons injured in motor vehicle collisions have access to accident benefits, which are available without having to sue anyone. In addition to accident benefits, injured persons may have the right to sue if the injuries resulting from the collision were caused by the negligence of another. If this is the case, it is important to speak to a lawyer at your earliest to determine whether you have a strong claim against the responsible party (commonly referred to as a “tort action”).

When pursuing a tort action against an at-fault party you are essentially claiming that such party owed you a special duty of care, fell below the requisite standard of care, and that you incurred actual losses/damages as a direct result of that party’s conduct (i.e. negligence). If you have a valid claim, your accident lawyer will commence the lawsuit by way of a Statement of Claim. The Statement of Claim will set out the factual groundwork, which demonstrates your entitlement for damages – the amount of money to be paid by the at-fault party to compensate you for your losses. The two primary heads of damages which are most commonly claimed in a lawsuit are (1) pain and suffering and (2) loss of income.

Pain and suffering refers to the injuries, both physical and psychological, sustained as a result of the car accident. The law in Ontario requires a specific threshold to be met in order to obtain damages for pain and suffering – your injuries must result in permanent serious impairment of an important physical, mental or psychological function. The exact interpretation of the threshold definition is constantly evolving as a result of cases coming out of the courts as well as changes to the regulations under the Insurance Act. Accident benefits and benefits from other sources, such as income continuation benefit plans and disability pension benefits will be subtracted from any court awards.

The amount for which you can claim for pain and suffering is also subject to a $30,000.00 deductible. This means that for damages assessed at $50,000.00 the other driver’s insurance company will only be liable to pay $20,000.00. However, the $30,000.00 deductible does not apply to claims where pain and suffering is assessed at $100,000.00 and over. Family members may also sue for any loss of guidance, care and companionship pursuant to the Ontario Family Law Act. A $15,000 deductible applies.

The rules regarding income loss entitle the injured parties to 80% of their net after-tax income loss beginning 7 days after the accident and up to the date of the trial and to 100% of any gross future loss of income and loss of earning capacity following the trial.

Often, because of the requirement that your injury must be a permanent impairment, it may not be known immediately following the motor vehicle accident whether or not your injuries meet the required “threshold”. However, the injured party has two years from the date of the accident to commence a tort action (the “Limitation Period”) by issuing the Statement of Claim. You must also notify the person being sued (the Defendant) within 120 days of the accident that you intend to commence a claim against him or her. During the litigation, the Defendant has the right to information about your insurer, any claims you have made for statutory accident benefits and your medical treatment as a result of the accident. In addition, if a government body or a municipal or provincial road authority is a potential party in an action, there are very short notice requirements that must be complied with. In some cases, you may be required to give notice of a potential claim within 10 days or less following an accident.

The injured party has the burden of proving that the at-fault party negligently caused the accident and that the injuries resulting from the accident are permanent and serious. This requires gathering sufficient evidence to prove the claim. For instance, acquiring this evidence might involve hiring investigators, experts in motor vehicle collision forensics and obtaining specialized reports from health-care professionals. If you are found to be partly responsible for the accident, the portion that is determined to be your fault will be deducted from your claim.

Although most tort actions settle before ever proceeding to a trial, it can be a lengthy and grueling process, sometimes taking years to finalize as a result of documentary and oral discoveries and mediations. If you are injured in a motor vehicle accident you should immediately consult with a tort claims lawyer in order to determine whether you have a strong case in which a claim should be commenced.

For more information, visit our accident lawyer section.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. 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. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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