FAQ Group: Common Questions

How do I start a lawsuit? by Patricia Santucci

A lawsuit against the at-fault driver (tort claim) is started when you file a Statement of Claim with the Court. This document sets out your side of the story and tells the Court what happened in the accident and what kind of damages you are seeking to recover. You have two years from the date […]

What is “the deductible”? by Patricia Santucci

If your claim for pain and suffering meets the “threshold” there is a $30,000.00 deductible from the amount of damages that you would otherwise have received. There is also a $15,000.00 deductible for Family Law Act claims. The deductible is not applied if your pain and suffering damages award is $100,000.00 or more. In terms […]

What is “the threshold”? by Patricia Santucci

Your motor vehicle accident “tort” claim for pain and suffering must meet a requirement which your lawyer will refer to as the “threshold”. In order to meet this threshold, you will have to provide evidence to show that the injuries that you sustained in the motor vehicle accident have resulted in your death or your […]

What compensation is my family entitled to? by Patricia Santucci

There are several types of damages that your family members can recover in a lawsuit arising out of your motor vehicle accident. Your family members can be compensated for the loss of care, guidance, and companionship that they might reasonably have expected to receive from you if your injury had not occurred. Family members may […]

Some of your family members may also be able to sue as a result of the injuries that you sustained in the motor vehicle accident. These claims are governed by Ontario’s Family Law Act. Only certain family members are eligible to claim, including your spouse, children, grandchildren, parents, grandparents, brother and sister. We can help […]