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What You Should Know About the Tort Claim Process

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What You Should Know About the Tort Claim Process

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.

While many forms of compensation after an accident are straightforward, the tort claim process can be confusing. Tort claims are often complicated because they provide compensation for some expenses that can be difficult to assign monetary value to.

While loss of wages and injury treatment expenses can be easily calculated, other forms of compensation like loss of earning opportunity and pain and suffering are more difficult to determine. Below, you’ll find out more about how tort claims are settled.

Who Can File a Tort Claim?

Anyone who sustains an injury due to someone else’s negligence can file a tort claim. For example, if you were in a motor vehicle accident or hurt yourself at work through no fault of your own, you could begin the tort claim process. It’s important to remember that if you were in any way responsible for your injury, the percentage you were responsible will be subtracted from your claim.

In addition, your injury must be quite serious to receive pain and suffering compensation. A serious injury is one that prevents you from working, acting as a caregiver, or living your life as you normally would. Your injury must also be permanent, meaning that it will likely affect you for the rest of your life. Your personal injury lawyer can clarify whether your injuries qualify.

It is important to remember that the limit for pain and suffering compensation is $360,000 in Canada.

Tort Lawsuit Process

It is difficult to estimate how long a tort claim takes to settle, but every tort claim process will involve the following steps.

1. Gathering Evidence

In order to support your case, you must have evidence, including any witness or police reports. Your lawyer will also gather witness statements and conduct interviews to make sure you have as much evidence as possible. The evidence-gathering process is ongoing, and you and your lawyer will work together to make sure you have all the documentation you need to support your claim.

2. Beginning Your Case and Gathering Documentation

Your case will not officially begin until your lawyer has filed a Statement of Claim, sent it to the defendant, and received a Statement of Defense. After these documents are filed, lawyers on both sides discuss how the case will proceed, such as requesting documentation and evidence from the opposing side. This helps your lawyer learn as much as possible about your case. Undertakings will also occur, where lawyers promise to provide one another with information that is needed for their case. This may include medical, financial or other information.

As the case moves forward, your lawyer will review the applicable law and try to give you insight into how long the case will go on, the expected amount of your settlement, and the likely outcome of the case.

3. Questioning

After evidence has been gathered, the next step in the tort claim process is to have lawyers on both sides question the plaintiff and the defendant about the documents and evidence they have presented to support their respective cases. You will be asked to take an oath prior to questioning. Your lawyer will ensure that the other lawyer’s questions are fair and allowable.

4. Medical Exams

Both sides may request that you undergo a medical exam by a physician of their choice. You may be asked to participate in more than one exam. The physician’s input will be incorporated into the evidence and your lawyer will use it to support your case.

5. The Settlement Process

At any point in the case before the judge makes a final ruling, a lawyer from either side may suggest a settlement to avoid proceeding to trial. If you have been in a motor vehicle accident, it is likely that your case will be settled out of court. It’s hard to say how long a tort claim will take to settle. The settlement process can be long, sometimes taking several years. Your lawyer will always be available to advise you on whether you should settle or continue to negotiate. If your case does go to trial, the judgment will usually be delivered within several weeks. Once your claim has been settled, your lawyer will deduct any expenses and legal fees and provide you with your compensation. If you are unhappy with a judgment provided by the court, your lawyer may appeal it.

With this overview of the tort claim process, you should have the information you need to proceed with getting legal assistance. If someone else’s negligence resulted in your injury, speak to a tort claims lawyer to understand your rights.

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.

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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.
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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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