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Answers to Your Tort Claim Questions

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Answers to Your Tort Claim Questions

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.

Tort claims are common in personal injury law, but when you’re the injured party they can be tough to understand. This is because they often deal with compensation for losses like pain and suffering that are hard to put a dollar value on. You might be wondering how much you can get from a tort claim, and that is a valid question as are the others below. 

Below, you’ll find out the answers to your tort claim questions so you have a clearer understanding of what to expect during your case.

Who is Allowed to File a Tort Claim?

If you’ve experienced an injury because of another party’s negligence, you can file a tort claim. Whether you were injured in a car accident or sustained an injury at work that wasn’t your fault, you can file a tort. However, you should know upfront that if you were responsible for your injury in any way, the part you were responsible for will be deducted from your claim.

Can I be Compensated for Pain and Suffering?

Pain and suffering (or general damages) compensation is a common tort claim, but you need to prove that your injury is both serious and permanent to receive general damages. That means your injury has prevented you from providing care to your family, working or living your normal life, and will continue to affect you for the remainder of your life. How much can you get from a tort claim? Well, pain and suffering compensation carries a maximum limit of $365,000 in Canada. If you are unsure whether your injuries are serious and permanent, an experienced Tort Claims Lawyer can help.

What Happens During the Tort Lawsuit Process?

During the course of your lawsuit, you will need to gather evidence and documentation, undergo questioning, attend medical exams, and either settle out of court or go to trial. Because all tort cases are different, it can be hard to know how long your case will take. Your lawyer can give you updates on the time frame throughout the process, as well as provide information about what kind of settlement you can expect.

What Evidence Do I Need?

You will want to have as much evidence as possible to prove your case. This includes witness and police reports that you gather after your accident as well as medical records and bills. In addition, your lawyer will take statements from witnesses via interviews and work with experts to get the evidence you need. You will gather evidence throughout your case, working with your lawyer to get the full range of documentation that is required.

When Will My Case Begin?

Once you’ve hired your lawyer, your case will not begin until the lawyer files a Statement of Claim stating what happened during the accident and how much compensation you aim to collect. They must then send this statement to the defendant, who will respond with a Statement of Defence.

Once both of these statements have been filed, lawyers will begin requests for documentation and evidence from the other side so they can gain as much knowledge as possible regarding your case. They will also initiate an undertakings process where each side provides the other with necessary medical, financial or other information.

How Does the Questioning Process Work?

Once sufficient evidence has been collected, both you and the defendant will be questioned by lawyers on both sides of the case. Before you are questioned, you will take an oath promising to tell the truth. Throughout the questioning process, your lawyer will make sure you answer only questions that are fair and allowable in court. Your lawyer will also help coach you on how to respond to questions so you are prepared for the questioning process.

Will I have to Undergo Medical Exams?

More than likely, you will have to be examined by physicians appointed by lawyers on both sides of the case. Depending on your case, you may have to get several exams. All input from the medical professionals will be added to the existing evidence so your lawyer can use it throughout the case.

Will My Case be Settled or Go to Trial?

It depends on the case whether you will settle or go to trial. Your lawyer will advise you on whether it’s in your best interests to negotiate or not. If you’ve been injured in a car accident, your case is likely to be settled out of court. This may happen at any time and either lawyer can suggest a settlement to avoid a trial. While many people assume that settlements can happen quickly, they often take several years.

If your case goes to trial, the judgment is usually determined within several weeks. After the case is settled, you’ll be provided with compensation by your lawyer once they have subtracted expenses and legal fees. Your lawyer also has the power to appeal any judgment you are dissatisfied with.

Now that you’ve learned the answers to your tort settlement questions, learn more by downloading our free personal injury recovery kit or contact us for a free consultation.

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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