WSIB Lawyer Skip to content
Trial Tested Injury Lawyers

Pursuing a Tort Claim in Motor Vehicle Accidents

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.

Pursuing a Tort Claim in Motor Vehicle Accidents

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.
HIMPRO-tort-claim-mva

Understanding the Tort Claim: Liability and Damages

You have been a victim of a motor vehicle accident, and you are wondering whether or not you have a claim against the at-fault party or parties. This claim is known as the tort claim. A tort claim consists of two parts: liability and damages.

The Importance of Establishing Fault or Negligence

In order to be able to pursue a viable tort claim, you must establish some fault or negligence against the other party. Consult with a tort claims lawyer to understand your rights.

Exploring Damages in a Motor Vehicle Accident Claim

This article will focus on the second part of the tort claim, namely damages in the context of a motor vehicle accident claim.

Basically, there are two distinct types of damages in personal injury accidents:

i) General (non-pecuniary) damages – pain and suffering

ii) Special damages

The Threshold for Pain and Suffering Claims

In order recover money for your pain and suffering arising from a motor vehicle accident in Ontario, you must establish that your injuries meet a certain minimum threshold. The threshold is defined in the Insurance Act of Ontario as ‘a permanent and serious impairment of an important bodily function that is physical, mental or psychological in nature.’

Understanding “Serious” and “Permanent” Injuries

“Serious” has been defined as an injury or impairment that substantially interferes with your ability to return to work with modifications or that substantially interferes with your ability to complete your activities of daily living.

“Permanent” implies that the Plaintiff’s injuries are enduring and that over the long-term the Plaintiff is expected to continue to suffer from those injuries.

The Deductible for Pain and Suffering Awards

In Ontario, in addition to the requirement of having to meet the threshold, pain and suffering awards are also subject to a $30,000 deductible. In other words, if your case goes to trial and you are awarded $30,001 for pain and suffering, the net result to you is only $1 once the $30,000 is applied. The $30,000 deductible does not apply to pain and suffering assessments of over $100,000.

Special Damages and Their Exemptions

In Ontario motor vehicle accident tort claims, special damages typically are not subject to the threshold and deductible applicable to pain and suffering assessments. Special damages can include for example lost income or out-of-pocket expenses such as housekeeping or medical expenses incurred as a result of a motor vehicle accident. A plaintiff could recover damages for loss of income and housekeeping expenses in your tort claim even if their pain and suffering does not meet the threshold or exceed the deductible.

Establishing the “Serious” Nature of Injuries

As Plaintiff’s personal injury lawyer, often times the biggest challenge is not so much establishing whether a Plaintiff’s injuries are ”permanent” but in establishing the “serious” nature of a Plaintiff’s injuries. This is especially true where a Plaintiff is forced to return to work sooner than they should (i.e. for financial reasons).

A Plaintiff may have returned to work but continues to experience significant limitations in other aspects of their life. For example, they may not be able to complete housekeeping and home maintenance tasks, may not be able to take care of their children in the same manner as before the accident, participate in recreational or sports activities, or socialize in the manner they were able to before the accident.

The Role of a Plaintiff Personal Injury Lawyer

Part of the job of a Plaintiff personal injury lawyer is being able to assess, evaluate and build up a Plaintiff’s claim in order to ensure you receive as much compensation as you are entitled to. Monetary compensation in the form of a settlement is a poor substitute for your health and your pre-accident life but it can go a long way towards regaining your independence.

An experienced personal injury lawyer also knows what to look for and how to establish a clear and compelling case in order to ensure that you are properly compensated. You may have a viable tort claim arising from your motor vehicle accident and not even realize it. You should consult with an experienced personal injury lawyer who can review your case and advise whether or not you have a winning case.

 

Content Updated: Originally published July 30, 2014

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 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.
T TT 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 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.
js_loader

HIMPRO BY HIMELFARB PROSZANSKI LLP

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 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

LOCATION

Toronto
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

Back To Top