“Tort Claims” or “Third-Party Claims” are initiated by your lawyer. This is a claim in law against a tortfeasor or the at-fault parties, which is usually handled by the tortfeasor’s insurer. In a Tort Claim, we will sue the tortfeasors for your injuries and damages. In addition, in Ontario, family members of an injured person may be entitled to claim losses under the Family Law Act. In a Tort Claim, you are entitled to pursue general damages for your injuries and special damages for your economic losses.
General Damages (non-pecuniary)
Non-pecuniary damages, also known as general damages, compensate an injured person for their pain and suffering. The amounts vary depending on the specific circumstances of each case and the severity of physical, psychological, and cognitive injuries sustained by the injured person. In order to qualify for “pain and suffering” damages in a claim, you must meet a certain threshold according to Ontario law. Your injury must be a permanent and serious impairment of a physical, mental, or emotional function or a permanent serious disfigurement. In addition, a deductible amount is applicable to pain and suffering awards, which fluctuate each year by inflation.
Special Damages (pecuniary)
Pecuniary Damages, also known as special damages, are various economic losses suffered by the injured person. These include:
- Loss of income – income lost due to the injured person’s inability to return to work altogether (or return to work on reduced hours and modified duties);
- Loss of future earning capacity and future loss of income – an injured person is entitled to seek his or her future income loss from the tortfeasor too;
- Future care and medical costs for ongoing treatments and medications not covered by OHIP;
- Housekeeping and home modification costs are also payable; and
- Various other out of pocket expenses incurred as a result of the injuries sustained in the accident.
Building up a tort case takes time and skill. At MAZI LAW, we will help you get the compensation you deserve for your injuries. Don’t let the insurance companies take advantage of you or your loved ones. Contact us today for your FREE consultation!
