FAQ Group: Tort

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 […]

How long do I have to bring a tort claim? by Patricia Santucci

You have two years from the date of your accident to sue the at-fault party or parties. If you miss the two year limitation period your claim cannot proceed unless you can prove that you brought the claim within two years of when you knew or ought to have known that your injuries met the […]

How much money can I get from a tort claim? by Patricia Santucci

The damages awarded in tort claims vary tremendously on a case by case basis. The damages that you may receive will depend on the particular circumstances of your case, including the type of injury that you sustained and how that injury affects your life. Whether you are entitled to income loss will also greatly affect […]