September 23, 2020

Toronto Personal Injury FAQ

The days, weeks, and months following a serious accident can be difficult, and understanding what’s to come can help you better prepare yourself both physically and emotionally. 

For this reason, below we have compiled the answers to some of the most common questions that our clients have had in regard to personal injury lawsuits. If you have additional questions, they can be addressed during your no-obligation consultation. 

What happens if I’m partly responsible for causing the accident?

Ontario practices pure comparative negligence when it comes to shared fault, so being partially to blame for the accident you were involved in doesn’t prevent you from being able to secure an injury settlement. 

However, sharing fault means that your award will be reduced in proportion to your percentage of blame. If you were, say, 25 percent at fault, your final injury settlement would reflect a 25 percent deduction.

How long do I have to decide if I’m going to file a lawsuit in Toronto?

The basic limitation period, also known as the statute of limitations, for personal injury lawsuits in Ontario is two years. FIling your claim within this time period is critical because if your claim is not filed in time, you lose the chance to obtain the settlement you might otherwise deserve and to hold the at-fault party accountable for their negligence.

Can I obtain compensation for punitive damages in Toronto?

Yes, punitive damages are recoverable in Toronto personal injury lawsuits. However, in order for a judge and/or jury to award punitive damages to an injury victim, the actions of the liable party must be reprehensible and considered nearly criminal in most cases, whether criminal charges are filed or not. Punitive damages are rare, but we’ll pursue them for you if they’re a good fit for your case.

Will I have to go to court in Toronto to settle my personal injury claim?

Going to court is often the best way to ensure that you are being awarded fairly for the suffering you have endured. Typically, the insurance company is not on your side and couldn’t care less about the impact that your injuries have had on your life. 

Sometimes, all they care about is their profits, which will be diminished if they pay out on your claim. However, if your personal injury lawyer in Toronto can secure a settlement that properly holds the insurer and liable party accountable, going to court could be avoided. 

Can I file a personal injury claim on behalf of my child?

Absolutely! As your child’s parent or legal guardian, it’s up to you to be your child’s advocate when they are unable to fight for themselves. When we take on a case involving an injured child, you can be sure that we will put the needs of your child, and your family as a whole, first, working diligently to ensure your child is fairly compensated for all they have been through at such a young age. 

Reach Out to a Personal Injury Lawyer in Toronto

If you are interested in learning more about how an experienced Toronto personal injury lawyer at Jasmine Daya & Co. could assist you throughout the claims process, or to further discuss the individual details of your case, contact our office to set up a free claim review. 

We can be reached at 416-967-9100 or via the convenient submission form provided below when you are ready to schedule your free consult.