GET A FREE CONSULTATION

Blog

Successful Tort Claims with an Auto Accident Injury Lawyer

Back to Home

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. 

Especially Debilitating Injuries

By Flux

While any tort claim is going to be made as a result of an injury that is particularly debilitating and that will prevent you from working for a time or will otherwise complicate your day-to-day life in an impactful way, some injuries are in fact worse than others.

 

This is particularly the case in the event of a head or back injury, especially those that directly affect the brain or spine. These injuries may have long lasting, potentially permanent effects and could leave you forced to switch fields of employment or harm your relationships with others. In the event of such injuries, you are likely to be entitled to a particularly large sum for lost wages and pain & suffering, as well as long-term disability pay should you be left unable to work.

 

These cases can be especially difficult, especially if you are left largely incapacitated. Professional injury lawyers will have the expertise needed to get you your benefits and settlement, and will work with you around your schedule while you are in rehabilitation or medical care. Many injury lawyers will also charge no upfront fees, which means that no matter your financial situation, you can get the help you need and will only be charged after you have won your case, on a fee negotiated from the settlement itself, not out of your pocket.