How
to Proceed with a Personal Injury Lawsuit in Brampton
If you have suffered a serious personal
injury in Brampton due to the negligence of another person or organization, you
may be able to get compensation with a personal injury lawsuit. Personal injury
lawsuits are referred to as tort cases. The lawsuit is a way for a victim to receive compensation for the full
extent of the injury. There may be benefits available to you without the need
to proceed with a lawsuit, but those benefits can only pay out for a set amount
of time in advance.
How to Proceed with a Tort Claim
The focus immediately after a serious
personal injury should be on the physical and emotional recovery of you and
your family. As soon as you are able, it is vital to seek the help of a personal injury lawyer. A personal injury
lawyer will inform you of your options, determine whether you have a case and
outline the next step in you claim. A personal injury lawyer will assist you in
understanding your rights and entitlements under current regulations.
What Can You Sue for in a Tort Claim?
Loss
of Income and Inability to Earn Income in a Tort Action
Recovery of lost income and the inability
to earn income play a big part in the figure allotted for personal injury
cases. In most cases, you must first seek compensation for income loss from any
disability insurance and your accident benefits insurer. If the sources of
income replacement are insufficient to pay for your actual income loss, then an
additional amount may be claimable. Accident benefits and benefits you receive
from other sources, such as workplace disability plans, will be subtracted from
the court awards. No income loss is payable for the first week following the
accident.
Health
Care Expenses in a Tort Action
When suing for personal injury, you may
also recover past, present and future health care expenses not covered by OHIP.
Recovery for health care expenses is available to those whose personal injuries
are deemed to be a permanent serious impairment of an important physical,
mental or psychological function. Accident benefits and benefits you receive
from other sources will be subtracted from the settlement.
Pain
and Suffering in a Tort Action
In order to claim for pain and suffering in
a Brampton personal injury lawsuit, you must suffer serious impairment of an
important physical, mental or psychological function or serious permanent
disfigurement. The personal injury must meet a legislated verbal
threshold test, which is a non economic loss. The law states that your
claim for pain and suffering may be subject to a monetary deductible.
Housekeeping
and Home Maintenance Claims in Tort Action
If you are unable to maintain your home as
you did before the personal injury, you can claim reimbursement for expenses
you incur or will incur. You must first seek reimbursement for housekeeping and
home maintenance from your accident benefits insurer, if available.
Claims
by Family Members in a Tort Action
When the personal injuries of victims meet
the verbal threshold, certain family members may be able to make a claim. The
law states that the claims of family members may be subject to a monetary
deductible. No deductibles are applied in cases involving a fatality.
An experienced personal injury lawyer can
help you navigate the Brampton Personal injury lawsuit process by informing you
of your options and outlining the steps in proceeding with a tort claim.