Understanding Tort Claims
If you’ve been injured in a motor vehicle accident in Ontario, you may be entitled to various forms of compensation. Among these, tort claims are a common avenue for seeking compensation, also known as damages, to cover the costs resulting from the accident.
A tort claim is a legal claim made to seek compensation when you’ve been injured in an accident. It allows you to sue the party responsible for various expenses, including:
- Medical bills
- Ongoing treatment expenses
- Hospital parking costs
- Lost wages
- Loss of earning opportunity
Pain and suffering
The amount you receive in a tort claim settlement depends on the unique circumstances of your accident. You can file a tort claim only when your injury results from someone else’s negligence.
Settling a Tort Claim in Ontario
In Ontario, the majority of car accident claims, more than 95%, are settled out of court through negotiations. These negotiations can occur at any time before a judge decides the case’s outcome. Due to the extensive process of gathering evidence and seeking expert opinions, it may take two or more years for a lawsuit to be settled or go to trial. Factors such as the defendant’s actions during the case, the court’s schedule, and your actions can also affect the timeline. Consult with your personal injury lawyer for guidance on the negotiation process and expected timelines.
Steps in Filing a Tort Claim
While the exact timeline for settling a tort claim in Ontario varies, certain common steps typically occur in any lawsuit, though their order may differ based on your case’s specifics.
Fact and Evidence Gathering: The initial step in your tort claim involves collecting facts and evidence to support your case. You and your lawyer will gather witness statements, police reports, and other relevant documentation to bolster your claim. Evidence will continue to be gathered throughout the lawsuit.
Statement of Claim: Your tort claim officially begins with the filing of a Statement of Claim. This document outlines your intention to file a tort claim against another party, along with the basis for your claim. The court will date and distribute this Statement to the defendant, who will then respond with a Statement of Defense.
Interim Application Process: Between the lawsuit’s initiation and the trial, both sides’ lawyers may make specific requests for court orders or interim applications. These applications seek specific ways to manage the lawsuit, such as obtaining essential documents or evidence from the opposing side.
Examinations for Discovery: After the fact-gathering phase, examinations for discovery take place. During these examinations, your lawyer questions the defendant and inquires about specific documents in their possession, while the defendant’s lawyer may question you about the accident. All questioning occurs under oath, enabling your lawyer to build a stronger case.
Medical Exams: Both parties in a tort settlement case can request medical exams. Each side selects a physician for your examination, which may be repeated by the same physician. The physician’s conclusions become part of the evidence used in the case.
The Undertaking Process: Throughout a tort claim, lawyers may make commitments to one another known as undertakings. These typically concern information exchange, such as requests for crucial documentation or information essential to the case.
Law Review: At a later stage in the case, after collecting substantial evidence and information, your lawyer reviews the law and provides updated insights into how the trial may resolve or what outcome and settlement size to expect.
Settlement Negotiations: During the course of your case, your lawyer and the opposing lawyer may engage in settlement negotiations to avoid going to trial. This can happen at any point before the judge’s final decision. It’s important to note that most motor vehicle accident claims are settled out of court.
Trial: If a tort claim settlement isn’t reached during negotiations, the case may proceed to trial. If not, the case is typically decided within several days to weeks after the trial concludes.
Completion of Your Tort Settlement Claim: Following the trial, your lawyer will deduct fees and expenses, ensuring you receive the tort claim compensation you’re entitled to. In some cases, a judgment may be enforced, requiring the defendant to fulfill their financial obligations. However, this is less common because most defendants are insured. If you disagree with the judgment, your lawyer may pursue an appeal to have a higher court reconsider your case.
The timeline and outcome of a tort claim in Ontario can vary widely, so it’s essential to work closely with an experienced personal injury attorney throughout the process.
