Making A Personal Injury Tort Claim

September 22, 2015

How do I proceed with a tort claim?

Retain a personal injury lawyer from Thomson Rogers.

What can I claim if I have been injured in a car accident?

Pain and Suffering

  • In a car accident claim, in order to claim for your pain and suffering, you must suffer a permanent serious impairment of an important physical, mental or psychological function or permanent serious disfigurement, such as scarring. This is usually referred to as “the threshold test”.
  • The law states that your claim for pain and suffering may be subject to a monetary deductible. This means that a portion of your claim may not be recovered.

Loss of Income and Inability to Earn Income

  • From the first week after the accident until the time your case settles or reaches a trial, you can claim 70% of gross income loss. If you continue to be disabled from work, future income loss can be claimed based on 100% of your gross income loss.
  • In most cases, you must first seek compensation for income loss from:
    • any disability insurance; and
    • your accident benefits insurer.
  • If the sources of income replacement are insufficient to pay for your actual income loss, then an additional amount may be claimable.
  • No income loss is payable for the first week following the accident.

Housekeeping and Home Maintenance Claims in Tort Action

  • If you are unable to maintain your home as you did before the accident, you can claim reimbursement for expenses you incur or will incur.
  • You must first seek reimbursement for housekeeping and home maintenance expenses from your accident benefits insurer, if available.

Health Care Expenses in Tort Action
All past, present and future health care expenses not covered by OHIP or by your accident benefits insurer are claimable if your injuries pass the “threshold test”.

Claims by Family Members
Family claims with respect to the loss of care, comfort and companionship in tort action

  • Certain family members may be able to make a claim if your injuries pass the “threshold test”.
  • The law states that the claims of your family members may be subject to a monetary deductible, although no deductibles are applied in cases involving a fatality.

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