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.