Understanding Car Accident Tort Settlements in Ontario
Imagine Mrs. A, a 63-year-old woman from Vaughan, Ontario, involved in a serious car accident. She was rear-ended on Highway 401, causing her car to crash into the guardrail. Mrs. A suffered a fractured hip and leg, concussion symptoms, and whiplash. Seeking legal advice, she wonders about her options and the process for filing a claim.
In Ontario, car accident claims can fall into two categories: accident benefits (AB) and tort claims, often pursued together. Due to Ontario’s insurance system, everyone is entitled to basic accident benefits through their own auto insurer.
In Mrs. A’s case, her family is understandably concerned about the long-term impacts of her injuries. The first step is to review her insurance policy to determine available benefits and file the necessary claims for medical treatment, rehabilitation, and basic benefits like income replacement. However, most policies only cover up to $400 per week in income replacement, which is why an experienced lawyer is crucial to recover any additional losses through a tort claim against the at-fault driver.
Navigating the Insurance Process
The insurance company and the legal team at Vaughan Personal Injury Lawyer will gather records and assessments of Mrs. A’s injuries. Suppose medical records and expert assessments indicate that Mrs. A will suffer from chronic pain and mobility issues. In that case, the insurance company will provide benefits to cover these ongoing needs.
It’s essential to hire a law firm that can secure second opinions if the insurance company’s assessments are insufficient. Vaughan Personal Injury Lawyer can connect you with leading medical experts to ensure a fair evaluation of your case.
Understanding Canadian Tort Law
Tort law, a cornerstone of the Canadian legal system, aims to compensate individuals harmed by others’ intentional or unintentional actions. Originating from English law, Canadian Tort law has evolved through judicial decisions and continues to develop.
Personal injury falls under Tort law, allowing individuals to seek restitution for losses or damages caused by another party. Tort claims can be intentional (deliberate acts) or unintentional (negligence). Compensation can cover personal injury and property damage.
What is a Tort Claim?
A Tort claim seeks financial compensation for harm caused by another’s wrongful act. Torts include recklessness, negligence, assault, trespass, product liability, defamation, fraud, and more. These civil claims are separate from criminal proceedings, even if the wrongful act is criminal. For example, a criminal conviction for assault can support a civil Tort claim for compensation.
Steps in a Tort Claim
- Pleadings: The process begins with filing a Statement of Claim with the court, served to the defendant, who then responds with a Statement of Defence.
- Discovery (Documents): Both parties exchange evidence and documents, including medical and financial records to support the claim.
- Examination for Discovery: The defendant’s lawyer questions the claimant about the accident and injuries. Vaughan Personal Injury Lawyer will prepare you for this process and be present during questioning.
- Mediation: A neutral third party helps both sides reach a settlement. Many cases are resolved at this stage.
- Pre-Trial Conference: If mediation fails, a judge helps clarify positions and set expectations for trial.
- Trial: Rarely, cases proceed to trial, where a judge determines the outcome based on presented evidence.
Settlement Considerations
Settling a claim involves agreeing on a lump sum payment that resolves the current claim. In Ontario, you must wait one year before settling an accident benefits claim. Insurers prefer to assess the plaintiff’s long-term needs before agreeing to a settlement. A release is signed, preventing future claims related to the current injury in exchange for the settlement.
Types of Tort Claims
Tort claims can include:
- Pain and suffering
- Loss of income
- Loss of competitive advantage
- Loss of opportunities
- Delayed entry into work
- Housekeeping expenses
- Medical care and expenses
Efforts to Settle
A lawyer advises on the best legal strategy, helping you and your medical team determine the optimal treatment and recovery plan. Settlements cover remaining policy benefits and are meant to address all losses for the claimant’s lifetime.
Costs of Failing to Settle
Ignoring reasonable settlement offers can result in receiving a lower award at trial and being responsible for part of the defendant’s legal fees. Always consult your lawyer to evaluate settlement offers.
How Vaughan Personal Injury Lawyer Can Help
Choosing Vaughan Personal Injury Lawyer means having experienced advocates on your side to navigate the legal process and secure the compensation you deserve. We will guide you every step of the way and retain necessary experts to prove your claim. With over 20 years of experience, we work on a contingency basis – no fees unless you get paid.
