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      Tort Claims Law FAQ

      Navigating the legal aspects of tort claims can be complex and confusing. Get answers to some of your frequently asked questions on tort claims law.

      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 3000 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, 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.

      > Click on each title to view the answers.

      What is a tort claim?

      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.

      What healthcare expenses can you claim in a tort?

      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.

      When can you sue for non-pecuniary damages (pain and suffering and loss of enjoyment of life)?

      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.

      What are the rights of my family members? Do they have a right to sue?

      Yes. Family members are entitled to sue for loss of care. These claims are subject to a $15,000 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.

      "The law isn't justice. It's a very imperfect mechanism. If you press exactly the right buttons and are also lucky, justice may show up in the answer. A mechanism is all the law was ever intended to be." ~Raymond Chandler

      Why Choose HIMPRO?

      Himelfarb Proszanski is a leading law firm with full service personal injury lawyers. We provide a combined century of trial experience which has led to the successful settlement of over 3,000 cases with combined settlement value in excess of ½ billion dollars. And finally, we’re the only firm to offer you the HIMPRO Advantage™.

      > Click on each title on the right to view the answers.

      Our Exclusive Guarantee
      • 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
      What We Offer
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      • No Fees Unless We Win
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