Tort claims

Unlike the various injury claims filed for compensation against insurance companies, you may decide to pursue a claim against the individual you believe was responsible for your injuries and suffering. Under Canadian law, you are allowed to sue the at-fault individuals;

  • If you have sustained permanent or serious disfigurement
  • If you have suffered permanent serious impairment of any crucial mental, physical or psychological function
  • If the accident results in the death of a close family member

In the event you sustain serious or catastrophic injuries that may take long to recover, you are also allowed to sue the at-fault part for lost income, loss of family care, companionship, loss of competitive advantage at the work place, medical bills, business losses and other expenses.

Step by step guide on how to preserve your right to sue in tort claims

  • Write a formal notice of your interest to proceed with a claim against the party involved to them as well as their insurance companies within a period of 120 days following the accident
  • In support of your claim, provide the at fault party’s insurance company with medical and economic information. On the same not, a sworn in statement about the circumstances of the accident and injuries sustained may be necessary. In case of sworn statements always ensure they are reviewed by a professional lawyer.
  • In case you are injured, you must apply for accident benefits and complete all application forms in a correct way
  • There is a difference between pre-trial income losses and post-trial income losses; it is therefore advisable to move cases forward to maximize recovery since economic losses before trial and settlement are paid at a rate of 80% of your net income while post-trial income is paid at 100% of gross. The value of seeking legal advice remains constant.
  • You have 2 years from the date of accident to commence action against the at-fault party. In case you do nothing within this period, then you lose your right to sue.

In order to encourage for early settlement, you may force the at-fault party’s insurance company to mediate your case instead of letting it proceed to full hearing.

Having preserved your right to sue by following the various steps discussed above, it is imperative to seek professional legal help to go about the entire process. Besides representing and fighting for your compensation, professional personal injury lawyers are crucial in guiding you through the most viable options you can take to guarantee the best results in your case.

Contact a Toronto personal injury lawyer as soon as possible

Many times, accident victims don’t realize the importance of obtaining legal professionals to represent them. However, filing for personal injury benefits and tort claims may prove to be a tedious process, especially when you are not one of the “learned friends”.

Our Toronto-based professional personal injury lawyers are well versed with everything taking place in the legal world; they will therefore guide you on the best possible options you have got to ensure you get maximum compensation from the person at fault leading to an accident resulting to your injuries. Da Silva Legal Services Professional corporation is the ultimate personal injury law firm in India for you to get the best possible legal help on matters to do with personal injury and how to seek full and fair compensation from the party at fault.