Frequently Asked Questions about Tort Claims
What are the types of claims I can make?
Am I too late to make a claim?!
What is a Tort Claim?
A claim against the at-fault driver, called a tort claim, is usually paid by the insurance company of the at-fault driver. Tort law allows an injured person to obtain compensation from the person who caused the injury. More than 95% of these claims are settled before they go to court.
How do I make a tort claim?
- Retain a personal injury lawyer.
- Give written notice of your intention to insurer within 120 days of the accident.
- Apply for accident benefits.
- Start a lawsuit within the prescribed time limit.
What are the types of claims I can make?
1. Pain and Suffering:
for a permanent serious impairment of an important physical, mental or psychological function or permanent serious disfigurement, such as scarring.
2. Loss of income and ability to earn income:
- claim 80% of your after-tax income loss starting the first week after your accident until the time your case settles or reaches a trial.
- claim 100% of your gross income loss if you continue to be disabled from work in future.
3. Housekeeping and Maintenance:
expenses you incur to maintain your home as you did before the accident. You must first seek reimbursement for housekeeping and home maintenance expenses from your accident benefits insurer.
4. Health Care Expenses:
If you have suffered a permanent serious injury, you may be able to claim for past, present and future health care expenses not covered by OHIP or by your accident benefits insurer.
5. Relationships:
You may claim for the effect of the accident on your family relationships. Certain family members may be able to make a claim if you suffer permanent serious injury, disfigurement or, if there is a death.
When you are claiming accident benefits, there are several forms that must be completed before any benefits are paid. Our personal injury lawyers can help you complete the forms during the initial meeting.
Am I too late to make a claim?!
The law in Ontario places a number of rigid and unforgiving time restrictions on your right to pursue a claim. If you do not start a lawsuit within the time limit, it is possible that you will lose your right to pursue a claim. Contact a personal injury lawyer as soon as possible so that your rights are protected.
