When an individual has been in a motor vehicle accident, it can fall either in the accident benefit (AB) category, a tort claim, or both. According to Ontario’s driver insurance law, everyone is entitled to basic accident coverage through their insurance provider.
In Ontario, accident benefits and tort claim settlements are often claimed together, and the first step generally involves reviewing the insurance agreement to find out what the benefits cover. Moreover, the victim also needs to file the proper documents to receive the compensation they are entitled to when dealing with a motor vehicle accident.
So, what exactly is a tort settlement and how does one go about it in Ontario? To help you understand, accident lawyers in Mississauga have prepared this blog with important information.
A Short Guide to Understanding How Car Accident Tort Settlements Work in Ontario
The motor vehicle accident lawyers in Mississauga at Brar Tamber can help you understand how to go about an accident tort settlement. Keep reading to discover important information on the topic.
What Is a Tort Claim?
The term “tort” is derived from the Latin word tortum which means “injustice or wrong.” In legal terms, the word signifies a wrongful act or failure to act which results in injuries being sustained by another individual. And, if a party or person can prove the omission or act was the result of negligence, Canadian courts can grant compensation to the victim. So, the tort claim is one of compensation for suffering and pain caused by a wrongful act.
Under the Canadian criminal justice system, tort claims aren’t considered criminal offences but civil claims and are often completely separate from the criminal justice system. So, the court either imposes hefty fines on the person at fault or sentences them to prison. But under the civil proceeding, the defendant needs to compensate the victim for the loss or damage they have caused. For a victim to receive compensation, they need to file a tort claim and may use the criminal offence conviction as evidence that supports the claim.
Tort claims often fall under one of two categories:
- Unintentional Tort Claim – This is applicable when someone is blamed for sheer negligence. We are all required to follow certain duties, principles, and standards that ensure the safety of others. However, by not following them, we can cause harm to others. One of the most common examples of unintentional tort claims is car accidents. Others include work accidents, truck accidents, product liability claims, slip and fall accidents, medical malpractice, and dog bites.
- Intentional Tort Claim – This is the term used when the defendant intentionally harms another person and has an element of the intent behind them. These claims are considered more severe and the defendant can also be charged under the Canadian Criminal Code. Some common examples of intentional torts include fraud, battery, defamation, vandalism, and sexual harassment.
Both types can include personal injury and damages to property. Frequently, they also include malfunctioning services and/or products.
How to File a Tort Claim in Ontario
In terms of a motor vehicle accident tort claim, the victim can file a lawsuit against the motorist driving the vehicle as well as their insurance company. It’s available to victims who have sustained either permanent or severe injuries that have resulted in a disability (long- or short-term). When a victim files a tort claim, they are entitled to recover shortfalls in insurer benefits along with other expenses incurred because of the accident. If the victim has additional requirements that will also have to be covered by the insurance policy, it’s in their best interest to speak to an accident lawyer in Mississauga or elsewhere in Ontario for guidance on how to file a claim.
Through such a claim, a victim may recover a range of benefits that might not be covered under their insurance coverage, such as:
- Loss of competitive advantage
- Loss of income
- Loss of guidance
- Delayed entry into work
- Loss of working capacity
- Loss of opportunities
- Additional costs for housekeeping
- Loss of companionship
- Loss of interdependent relationship
- Medical costs and care.
What Should I Know About Tort Settlement in Ontario?
When looking to file a tort claim in Ontario, the victim can sue the party at fault for a variety of expenses. These include hospital parking costs, medical bills, lost wages and a specific amount for the suffering and pain the accident caused. However, the compensation you receive will depend on your situation. Also, the judge will evaluate other variables such as how much time you need off work and the severity of the injury. Then they will be able to decide what the victim will receive.
Keep these important tips in mind to ensure you get the most out of your accident tort claim:
- Take as many pictures of the accident scene as you can and try to make notes of important information that may be useful later.
- Get in touch with the best motor vehicle accident lawyer in Mississauga who will represent you and fight for the compensation you deserve.
- Talk to your lawyer about what type of compensation you can receive and the type of claim you need to make.
- Collect all files, records, and important documents and make sure to save everything.
- Stay away from social media websites like Facebook and Instagram until your court date.
By following the right advice provided by your accident lawyer in Mississauga, you will be on the road to recovery in no time. Remember, it’s important to understand how tort settlement claims work in Ontario and we hope this blog has provided some insight. While you may think it will be an expensive endeavour to pursue, it is a fairly simple thing and costs a modest amount compared to the protection you will receive after your motor vehicle accident.