A tort claim is a claim against the at-fault driver and 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. Compensation includes pain and suffering, loss of income and inability to earn income, housekeeping and home maintenance expenses, heath care expenses and claims by family members.
Our experienced team of lawyers can help you obtain full and just compensation by taking all the necessary steps required to preserve your right to sue the at-fault driver.
- Retain a lawyer who specializes in personal injury litigation
- Give written notice of your intention to sue within 120 days of the accident
- Apply for accident benefits
- Commence a lawsuit within the prescribed time limit
What you need to do after an accident:
- Pain and suffering
- Loss of income
- Housekeeping and home maintenance expenses
- Health care expenses
- The effects of the accident on your family relationships
You can receive compensation for:
- Pain and suffering damages are only payable if you suffer a permanent serious impairment of an important physical, mental, or psychological function or permanent serious disfigurement, such as scarring. This is known as the Threshold Test.
- The award may also be subject to a monetary deductible. Currently, the monetary deductible of $30,000.00, only applies to those pain and suffering awards less than $100,000.00
Pain and Suffering
- You can claim 70% of your gross income loss. Future income loss can be claimed at 100% of your gross income loss
- Any employment disability insurance, private disability insurance, accident benefits or disability benefits received are deductible from your claim for lost income
- You can be compensated for income loss even if you return to work as long as your injury compromises your ability to find suitable employment
- No income loss is payable for the first week following the accident
Loss of Income
- You are entitled to claim reimbursement for housekeeping and home maintenance expenses you incur
- You need to first seek housekeeping and home maintenance expenses from your accident benefits insurer
Housekeeping and Home Maintenance Expenses
- You are entitled to claim for past, present and future health care expenses not covered by OHIP or by your accident benefits insurer
Health Care Expenses
Claims of Family Members
Family members are compensated for the loss of care, guidance and companionship that they have suffered as a result of a death or injury to a loved one. Currently, claims for loss of care, guidance and companionship are subject to a monetary deductible of $15,000.00 on awards less than $50,000.00.
Family members can also be compensated for the value of nursing services and other attendant care services provided to their loved one after an injury.
In cases involving the death of a family member, the surviving family members are entitled to make claims for the loss of income suffered by the family and the loss of household services.