Tort Claims Law FAQ
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A tort is a harm resulting in personal injury to one individual, caused by the negligence of another individual or entity. The initial steps involved in a tort claim include an investigation, review of medical and clinical reports, and assessments by experts to clarify the injured person’s needs and damages. The steps involved in a legal proceeding include the issuance of a statement of claim, obtaining a statement of defence, preparing and sending an affidavit of all documents to all parties, receiving affidavits of documents from all responding parties, attending examinations for discovery with clients, pursuing settlement of the case through negotiation, mediation and/or pre-trial, and finally a trial if necessary. It’s important to keep in mind that approximately only 2% of cases proceed to trial, while most are settled prior to trial.
To sue for non-pecuniary damages, you have to prove that your injury meets the “threshold.” This can only be done if you have suffered either a permanent and serious impairment of an important physical, mental or psychological function, or permanent and serious disfigurement.
Yes. Family members are entitled to sue for loss of care. These claims are subject to a $15,000 deductible. Your family members may also be entitled to recover damages if your injuries have harmed your relationship with them, as well as any out-of-pocket expenses they have incurred as a result of your injury.
Here’s What Our Clients Say
Often the public perceives lawyers in a negative way; but I can honestly say that David Himelfarb has the utmost ethical standards of any lawyer that I have dealt with. He took the time to explain the particulars of my case, was always available to take my calls, always returned my calls and his team of Clerks and Assistants were equally as professional and courteous. Should I ever need legal representation, I can assure you that I will retain his firm.
My no fault benefit claim was handled by the firm and was settled quickly and for a very good amount. The firm is extremely professional and dedicated. I would highly recommend the firm to anyone who has been involved in a serious accident.
Victoria A. - Toronto, ON
I would like to extend a sincere thank you for your assistance regarding the legal issues and my claim for disability benefits. Your knowledge and expertise led to a quick resolution and a successful outcome. From the onset, you were honest with me about my case and yet always kept me in the loop as to what was going on. I appreciated your “up front” approach from our first meeting.
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