Firm Expertise


Tort Claim

As an accident victim in Ontario, you can pursue a tort claim against the “at-fault” driver for pain and suffering if your injuries reach a threshold. According to motor vehicle accident laws, you are entitled to damages for pain and suffering, called general damages, if you have sustained:

  • Permanent serious disfigurement;
  • Permanent serious impairment of an important mental, physical or psychological function;

Family members can sue for the loss of care guidance and companionship resulting from the injury or death of the victim under the Family Law Act, R.S.O. 1990 c. F.3.
Even where the threshold is met, compensation for pain and suffering is subject to a deductible of $30,000, except where the general damages are assessed to be in excess of $100,000.00.
In a tort claim, you may obtain compensation for loss of income, impairment of earning capacity, loss of competitive advantage in the labour market, medical treatment, housekeeping or home maintenance expenses and other expenses arising from your injuries.

In order to sue the at-fault person your must ensure that you following certain steps.

  • A letter of notice should be drafted by your lawyer stating your intention to proceed with a claim against the at-fault driver. This letter should be given to the driver or his insurance company within 120 days of the accident. During this period, you may be asked to deliver a statement under oath about the circumstances of the motor vehicle accident and the resulting injuries and losses.
  • You or your lawyer must provide the at-fault driver’s insurance company with medical and economic information supporting your claim.
  • Your tort lawsuit will take into account both the losses before trial or settlement and those losses that will most reasonably occur after your trial or settlement.
  • You are entitled to commence a tort action within two years from when you could have reasonably discovered that you had a valid claim, which is usually the second anniversary following the accident. 
  • In many cases, an attempt must be made to settle the tort claim through mediation before the action may be tried in court.

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