The phrase “tort claim” may sound like complex legal jargon, but the concept is simpler than you might imagine. If you’ve been involved in an accident of any kind that resulted in a personal injury, knowing the basics of tort claims may be important to you and your case.
A tort is simply any incident in which one individual causes a personal injury to another individual due to negligence. The person that caused the tort is responsible, or liable, for any consequences of injuries sustained by the injured party.
When Can I Make a Tort Claim?
In order to make a tort claim, you must be the victim of another individual’s negligence. If your injury was not caused by another individual’s negligence, you cannot make this type of claim.
Some examples of cases where tort claims may be made include motor vehicle accidents where the driver of the other vehicle or the driver of the car where you were the passenger was negligent, workplace accidents, and slip and fall incidents. To receive compensation from a tort claim, you must not only prove that the other party was negligent, but also that you suffered harm or damages due to the accident.
Understanding Tort Limitations
In Ontario, the tort system only allows tort actions for serious claims. It’s important to note that claims resulting in general damages for pain and suffering also carry high deductibles that can vary depending on when your accident happened. However, in some cases, if general damages are very high the deductible will not be applied.
It’s also crucial to remember that if you plan to sue for pain and suffering, your injuries must be serious and meet a “threshold.” Thresholds typically include injuries that have seriously or permanently impaired your functioning. Knowing whether your injury will meet a threshold can be complicated. For one, the definition of threshold constantly changes as new tort cases occur and Insurance Act regulations change. In addition, it can be difficult to know immediately after an accident whether your injury will be permanent or not. This is why it’s important to seek counsel from a personal injury lawyer as soon as possible after your accident.
Tort Claims for Financial Losses
Tort claims can also be made if you sustained financial losses due to a motor vehicle accident. This may include repayment for income loss or medical treatment and rehabilitation costs. Future health care costs, housekeeping and home maintenance assistance, and other out-of-pocket payments may also be covered.
Time Limitations
If you want to file a tort claim against a negligent driver, you must do so within two years of your accident. There are also other steps you’ll need to carefully follow prior to beginning your lawsuit. First, under the Insurance Act, you must notify the defendant of your claim within 120 days of the accident. If your claim is against a government or other municipality, you must notify them of your claim very quickly, sometimes within 10 days of the accident.
What to Expect When Filing a Tort Claim
The tort claim process typically includes the following steps:
• Investigation of the accident and evidence gathering/review (medical reports, witness statements, etc.)
• Expert assessment of the needs and damages of the injured party
• Provide an official statement of claim
• Receive statement of defence
• Prepare, submit, and receive affidavits of documents for all parties involved
• Attend examinations for discovery with your lawyer
• Attempt to settle the tort claim out of court by negotiating, mediating, or engaging in pre-trial measures
• Trial
Although this process may sound complex, 98% of tort claim cases are settled prior to trial, which can save you substantial time and energy. Regardless of how certain you are that you have a strong tort claim, it’s important to talk to a lawyer immediately and discover your legal rights.
If you have been injured and believe another party was negligent, call 1-855-446-7765 to speak to a personal injury lawyer today.
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