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What You Should Know About Tort Claims

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What You Should Know About Tort Claims

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.

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.

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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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
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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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