1. What is a Statement Claim?
In Ontario, the litigation process is initiated through the first pleading. Generally speaking, the first pleading that is issued on behalf of the Plaintiff is referred to as a Statement of Claim (SOC). The SOC must provide key pieces of information:
- The identity(ies) of the Plaintiff(s)
- The identity(ies) of the Defendant(s)
- How much you are claiming against the Defendant(s)
- The general details of how the accident happened
- An outline of what the Defendant(s) did to cause the accident?
- A broad list of the injuries and impairments sustained by the Plaintiff
2. What is a Tort?
Hint: It’s not a French dessert!
A tort, in common law jurisdiction, is a civil wrongdoing that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. If you are the victim of an accident, you can pursue the at-fault party for compensation (usually provided by their insurance company).
With car accident tort claims, there are several obstacles you need to overcome, such as exceeding a statutory deductible of almost $40,000! You must also prove that your injuries meet a ‘threshold’ by proving that your they caused a permanent and serious impairment of an important physical, mental, or psychological function. This is one of the many reasons you should hire a personal injury lawyer to help you navigate these complex claims.
3. What are accident benefits?
If you are seriously injured in an auto accident in Ontario, Statutory Accident Benefits (SABs) pay for expenses not covered by healthcare such as income replacement, medical and rehabilitation care, and even funeral expenses. In Ontario, this is a mandatory no-fault auto insurance coverage that is included with all basic auto insurance policies.
If you’re involved in a car accident, you can pursue two possible claims: an accident benefits claim or a tort claim.
The accident benefits claim is made against your own insurer. It does not matter if you are at fault; there is still a good chance you have a viable claim!
What if you do not have your own insurance? You can still have an accident benefits claim. There is a complicated system to determine whose insurance company will provide these benefits, but even if you don’t have insurance you can have an accident benefits claim.
What about hit-and-run or unidentified car accidents? In instances where the driver disappears without providing their name or information, the government provides accident benefits coverage under the Motor Vehicle Claims Fund Act.
4. What is product liability?
5. What is a motion?
6. What is a mediation?
7. What is an affidavit?
8. What is small claims court?
9. What is a simplified procedure?
10. What’s the difference between factual and legal causation?
11.How do personal injury lawyers get paid?
12. What is my case worth?
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