Tort Claims and Auto Accident Injury Lawyers
Auto accidents are a common
occurrence in major cities, and injuries are a common result of these auto
accidents. Some injuries are minor and cause minimal disruption to our everyday
lives. Other injuries, such as
acquired brain
injuries, are more severe and may affect your ability to work, enjoy life
and do the things you’ve always been able to do. If you have been injured in an
auto accident and another driver is at fault, you may be eligible to pursue a
tort claim against that driver and their insurance company. If you are the
passenger of a vehicle in an accident, you may pursue a claim against the
driver of the vehicle to recover expenses.
The province of Ontario has a
no-fault accident benefits policy that makes your own insurance company
responsible for providing support in the event of an auto accident. Some of
these benefits include:
- Income replacement in the event that the injury
causes lost wages
- Caregiver benefits if someone has to take care
of you
- Medical and rehabilitation expenses
- Other expenses
Accident benefits can go a long way in helping to cover the
costs incurred by an accident. A tort claim is used to recover any costs over
and above those covered by the accident benefits. This includes future lost
wages as well as pain and suffering. An auto accident injury lawyer can help
you make a claim for accident benefits as well as pursuing a tort claim against
the driver.
How to Make a Tort Claim
If your accident was caused by
negligence on the part of a driver, you are entitled to pursue a tort claim. A
personal injury lawyer will have the experience and expertise to meet with you,
analyze the situation and determine the chances of a successful tort claim. In
the event that a tort claim is pursued, the auto accident injury lawyer will
handle all legal aspects of the case, including the following:
- Provide written notice of your intention to sue
(i.e. filing a Writ of Summons)
- Determining the amount of damages to seek in the
claim (this includes amounts for pain and suffering, loss of income,
housekeeping expenses, health care expenses as well as potential claims by
family members)
- Negotiating with insurance companies, and either
reaching a settlement or taking the case to court.
Successfully Pursuing Your Tort Claim
Every tort claim is unique, but
the amount given for the settlement is often based on similar cases in the past
where similar injuries have been incurred. An auto accident injury lawyer will
ensure that you get the proper medical assessments and documents to effectively
support your claim. They have the experience necessary to look at all the
details of your accident in order to determine the perfect amount of damages to
seek in the tort claim. Insurance companies look to settle most claims as
quickly as possible; seeking fair compensation in a tort claim will expedite
this process even further.
If you have recently been injured in an accident, speak to
an auto accident injury lawyer today to see if you are eligible to pursue a
tort claim. Allow a professional to negotiate a settlement on your behalf while
you focus on recovering from your injuries.