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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 often seem complex and confusing. Tort claims are unique because they involve seeking compensation for various types of damages, some of which are difficult to quantify in monetary terms.

For example, while loss of wages and medical treatment costs are generally straightforward to calculate, other forms of compensation, such as loss of earning opportunity and pain and suffering, can be much harder to determine. Below, you’ll find a comprehensive overview of how tort claims are processed and settled.

Who Can File a Tort Claim?

Anyone who suffers an injury due to another party’s negligence may be eligible to file a tort claim. This includes situations such as motor vehicle accidents or workplace injuries where you were not at fault. It is important to note that if you bear any percentage of responsibility for your injury, that portion will be deducted from your total claim amount.

Pain and suffering compensation typically requires that the injury be serious. A serious injury is one that impairs your ability to work, provide care, or live your life normally. Moreover, the injury must be permanent or expected to have long-lasting effects. A personal injury lawyer can help determine if your injury meets these criteria.

In Canada, there is a cap on pain and suffering damages, which is currently set at $360,000.

Tort Lawsuit Process

The duration of a tort claim can vary widely, but the process generally follows several key stages:

1. Gathering Evidence

To support your claim, it is essential to collect all relevant evidence, including witness statements, police reports, and medical records. Your lawyer will assist in obtaining these documents and may conduct interviews with witnesses to strengthen your case. Evidence collection is an ongoing effort throughout the tort claim process.

2. Initiating the Case and Documentation

Your case officially begins when your lawyer files a Statement of Claim and serves it on the defendant, who then responds with a Statement of Defense. Following this, both parties exchange documentation and evidence relevant to the claim. This phase often involves undertakings, where lawyers agree to share specific medical, financial, or other pertinent information.

As the case advances, your lawyer will review applicable laws and provide insights about the likely timeline, potential settlement amount, and possible outcomes.

3. Questioning (Examinations for Discovery)

Once evidence is gathered, both parties’ lawyers question the plaintiff and defendant under oath regarding the evidence and documents presented. Your lawyer ensures that the questioning is conducted fairly and within legal boundaries.

4. Medical Exams

Both parties may require you to undergo medical examinations by doctors they select. These exams may be repeated and the findings will become part of the evidence to support or defend the claim.

5. The Settlement Process

At any point before a judge issues a ruling, either party may propose a settlement to avoid trial. Many tort claims, particularly those arising from motor vehicle accidents, are settled out of court. Settlement negotiations can sometimes be lengthy, taking several years. Your lawyer will guide you on whether to accept a settlement offer or continue negotiating.

If the case proceeds to trial, the court typically delivers a judgment within a few weeks. Following settlement or judgment, your lawyer will deduct any legal fees and expenses before distributing the compensation to you. If you are dissatisfied with a court ruling, your lawyer may advise on filing an appeal.

With this detailed overview of the tort claim process, you should have a clearer understanding of how tort claims work and how to proceed if you’ve been injured due to someone else’s negligence. Consulting a tort claims lawyer can help you navigate the complexities, protect your legal rights, and maximize the compensation you deserve.

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 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 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 involved
In an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
Liz
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 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 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 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!
Shauna
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 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 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.

HIMPRO BY HIMELFARB PROSZANSKI

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 ¾ billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

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