Answers to Your Tort Claim QuestionsMarch 30, 2017
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.