A tort claim is a claim in law against a “tortfeasor.” A tortfeasor is the party that caused damages (or injury) to another through negligence. A personal injury claim against a tortfeasor will usually be handled by the tortfeasor’s insurer or another insurance company.  The compensation sought in a tort claim will generally be comprised of General Damages and Specific Damages. General damages are the non-pecuniary losses suffered by the injured party, namely pain and suffering (discussed separately).

The specific damages include various economic losses an injured person may suffer, including:

• Loss of income – Income loss prior to trial/settlement is paid at a reduced rate whereas thereafter it is payable at full rate;
• Potential loss of future earning capacity (this may be obtained even if the injured person is back to work);
• Housekeeping expenses;
• Cost of medication;
• Cost of aide/attendant;
• Various out of pocket expenses incurred as a result of the injury caused by the tortfeasor.

The purpose of a tort claim is to compensate an injured person for the losses and damages suffered. Double compensation is not available. Some compensation may not be available to an injured person from the tort insurer if it is available elsewhere. In some cases, OHIP is to be paid for some or all of its payments. The interplay with other systems and insurance schemes may be complicated and our North York and Toronto tort lawyers have the knowledge and experience to maximize the net payments to our clients. At Rooz Law we help our clients avoid deductions and other restrictions on compensation for tort claims.

Making a Tort Claim

Anyone who is a victim of another person’s negligence should consider starting a tort claim. The negligent party may be the driver of the vehicle in which you were riding or another driver who collides with your vehicle and caused significant damage to your property or person. While most at-fault parties prefer an out-of-court settlement, the presence of a lawyer during the negotiation process can have a huge impact on the amount of compensation or settlement you receive.

Even if you are partly responsible for your injuries you are still entitled to compensation.  Essentially, if there is contributory negligence on your part, the tortfeasor is still liable for his/her negligence. If, for example, there is finding or agreement that you are 25% liable in an incident, the tortfeasor will be liable for 75% of your damages. In the event of a motor vehicle accident, there are restrictions on the compensation for pain and suffering.

To preserve your tort claim, call Rooz Law right away. We will immediately start work on your file once we get retained and may give the required notice to the tortfeasor. A Lawsuit must be issued within the designated two-year time limit, or you lose your opportunity to sue and get compensated. We do not generally recommend our clients settle their claims quickly. You should first be aware if you are capable enough to return to work, if you need training for another job, and how the accident will likely affect you in the future.

How We Can Maximize Your Claim

Building up a tort case takes time and skill. Your Rooz Law tort lawyer, handling Toronto and North York cases, understands Ontario law. We’ll help you get compensation for your medical expenses, lost wages, and even help at home until your doctor approves your return to work.

A free consultation and legal advice from our team will help you understand what’s involved in your claim and how much of a settlement you might expect.

We are able to maximize on tort claims by:

• Using the right medical and other professionals (accountants, engineers, etc.);
• Knowing the ins and outs of Ontario tort law;
• Being familiar with the insurance company’s methods and “tricks;”
• Advising our clients in advance of the potential pitfalls of a tort claim (such as video surveillance, the need for record keeping, credibility, etc.);
• Securing vital evidence before it is destroyed or forgotten (for example, by obtaining records early or getting written witness statements early); and/or
• Identifying, locating and suing all potential at-fault parties.

If you were injured, you may have a tort claim available to you. There is a two-year limitation period applicable to tort claims. There may be certain requirements to being able advance your tort claim. For example, in the event of a motor vehicle accident, written notice to the tortfeasor should be sent as well as a sworn statutory declaration. In the event of a slip and fall incident, OHIP’s account may need to be paid as part of the tort claim. Let our tort claim lawyers represent you and ensure you get full compensation. We will properly build your tort case to make the tort insurer offer you the compensation you deserve or we will fight them at trial.

Contact Us

If you have been injured in the Greater Toronto Area, contact Rooz Law at 416-229-6000. The sooner you call, the faster we can get you the compensation you deserve