Tort Claim Settlement and CompensationSeptember 13, 2022
If you’ve sustained an injury in a motor vehicle accident, there are many types of compensation you may be entitled to. Some of the most common claim types include disability and accident benefits claims, as well as tort claims.
Tort claims can include wage loss, loss of earning opportunity, pain and suffering, and treatment expenses. You are only eligible to file a tort claim if your injury is due to someone else’s negligence.
How Long Does It Take To Settle a Tort Claim in Ontario?
With more than 95% of car accident claims being settled out of court, negotiated settlements are common. Negotiated settlements may be agreed upon at any time before the judge determines the outcome of the case. Because of a long process of evidence gathering and collecting expert opinions, it can take two or more years for a lawsuit to be settled or go to trial. The defendant’s actions during the case, the court schedule, and your actions can also impact the tort settlement time. Your personal injury lawyer is the best person to consult with to determine the timeline and to advise you on tort settlement negotiation.
How to File a Tort Claim
Although it’s not possible to determine how long a tort claim settlement will take, there are several steps that commonly occur in any type of lawsuit. These steps may happen in different order, depending on the specifics of your case.
Fact and Evidence Gathering
The first step in your claim is gathering facts and evidence to support your tort settlement claim. You and your lawyer will gather witness statements, police reports, and any other documentation that will support your claim. Evidence will be gathered over the course of your lawsuit.
Tort Claim Meaning and Steps
Tort Law as stated by The Canadian Encyclopedia – “provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others.” Your lawsuit will officially begin once you file a Statement of Claim. The court will then date and make copies of this Statement, which will be delivered to the defendant. The defendant’s lawyers will then send back a Statement of Defense.
Interim Application Process
Between the time your lawsuit begins and the time it goes to trial, lawyers on either side may make specific requests for a court order or interim application. These applications request that the lawsuit be handled in specific ways. For example, your lawyer might submit an interim application in order to get a specific document or piece of evidence that has not been provided by the other side.
Examinations for Discovery Process
Examination for discovery occurs after the fact-gathering step has concluded. During this examination, your lawyer will question the defendant and ask about specific documents in their possession. The defendant’s lawyer will also question you about the accident and your lawyer will provide documents related to the case. All questioning will happen under oath. During this process, your lawyer will learn more about the accident to create a stronger case. If the defendant’s lawyer asks you a question that isn’t allowed, your lawyer will intervene.
Medical exams can be requested by your lawyer and the other lawyer in a tort settlement case. Each side will choose the physician you visit, and you may have to be examined more than once by the same physician. Any conclusions the physician arrives at will become part of the evidence used for the case.
The Undertaking Process
During a tort claim, lawyers may make specific promises to each other called undertakings. These promises usually relate to exchanging information, such as requesting crucial documentation or information that is necessary to the case. For example, medical, employment, or financial information may be requested by a defense lawyer during a car accident lawsuit. Your lawyer will also ask for important documentation that will support your case.
Later in your case, once a large amount of evidence and information about your case has been gathered, your lawyer will review the law and give you an updated opinion about how the trial may be resolved, what the outcome will be, or how large a settlement you can expect.
How Long does a tort claim take to settle?
During your case, your lawyer and the opposing lawyer may try to settle the claim or agree to a claim resolution so the case doesn’t have to go to trial. This can happen at any point prior to the judge’s final decision. Most motor vehicle accident claims are settled out of court, so this is a scenario you should expect.
In some cases, a tort claim settlement may occur during a trial. If not, the case will typically be decided several days to several weeks after the trial concludes.
Completion of Your Tort Settlement Claim
How Much Money Can You Get for Tort Claim in Ontario? Once the trial is over, your lawyer will deduct fees and expenses and ensure that you receive the compensation you are entitled to. A judgment may also be enforced which requires the defendant to pay what is owed to you. Because most defendants are insured, this does not happen very often. If you do not agree with the judgment, your lawyer may try to appeal it by asking for a higher court to reconsider your case.
If you’ve been injured in an accident due to another party’s negligence, speak with a personal injury lawyer.
Content Updated: Originally published April 19, 2016
⭐⭐⭐⭐⭐ “David’s team did a phenomenal job with my disability case. I had a hard time with my case until I decided to go with the firm. Silene Malhao and Mena Brar both were there for me every step of the way and provided incredible service. They answered all my questions and made me feel comfortable. I say with confidence that I couldn’t be happier with the end result and would recommend my friends and family to them without question. Thanks so much once again!”
– Shahira C.
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.