Personal Injury Litigation

Tortious Conduct and Tort Cases in Ontario

Tortious conduct refers to actions or omissions that cause harm or injury to another party, leading to legal liability. In Ontario, tort cases are a significant aspect of personal injury law, encompassing a wide range of scenarios from negligence in car accidents to intentional acts like assault. A tort claim in Ontario is typically based on the principle that the injured party, known as the plaintiff, deserves compensation from the party responsible for their injury, known as the defendant. In Ontario, common tort cases include negligence, where the defendant failed to exercise reasonable care, leading to the plaintiff's injury. This could involve car accidents, slip and fall incidents, or medical malpractice. Other torts, such as defamation or assault, involve intentional actions. To succeed in a tort claim in Ontario, the plaintiff must prove that the defendant owed them a duty of care, breached this duty, and caused harm or damages as a result. Ontario law allows for various types of damages in tort cases, including compensatory damages for losses like medical expenses and lost income, as well as non-economic damages for pain and suffering. Punitive damages may also be awarded in cases of egregious misconduct. It's important to note that Ontario follows the 'modified comparative negligence' rule, meaning that if the plaintiff is partly at fault, their compensation may be reduced accordingly. All tort claims at Haider Khan Legal are handled by out in-house or affiliate lawyers if the claimed amount exceeds $35,000.

 

Accident Benefits in Ontario

Accident benefits in Ontario are provided under the Statutory Accident Benefits Schedule (SABS), an essential part of the province's automobile insurance system. These benefits are available to anyone injured in a motor vehicle accident, regardless of who is at fault. They are designed to provide immediate financial assistance and cover various expenses related to the accident. Key benefits include income replacement for those unable to work, medical and rehabilitation costs not covered by the provincial health care system, and attendant care benefits. There are also benefits for funeral expenses and death benefits in the case of fatal accidents. Applying for these benefits involves notifying your insurance company within seven days of the accident and completing a benefits application within 30 days. The types and amounts of benefits available depend on the severity of the injuries and the insurance policy's specific coverage. It's crucial to understand the eligibility criteria and limitations set by the SABS in Ontario by meeting with a lawyer or paralegal.

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How Long Does a Personal Injury Case Take in Ontario

The duration of a personal injury case in Ontario can vary widely depending on several factors. Generally, these cases can take anywhere from several months to a few years to resolve. Key factors influencing the timeline include the case's complexity, the severity of injuries, the amount of investigation required, and the legal process's efficiency. Initially, there's a fact-finding phase, where medical records and evidence are gathered. Then, the case may go through pre-trial procedures like mediation or arbitration, aiming to settle the matter out of court. If these fail, the case proceeds to trial, which can extend the timeline significantly. The time frame also depends on the court's schedule and the availability of all parties involved. Additionally, the length of time it takes for the plaintiff's injuries to stabilize can impact the case's duration, as a final settlement often requires a clear understanding of the long-term impacts of the injuries.

 

Contingency Fees for Personal Injury Cases in Ontario

In Ontario, contingency fees are a common arrangement in personal injury cases, where the lawyer or paralegal's fee is dependent on the case's outcome. Under this arrangement, we only gets paid if they win the case or achieve a settlement for the client. The fee is typically a percentage of the settlement amount or award granted by the court. It's essential for clients to understand the terms of the contingency fee agreement, including what costs might be incurred in addition to the lawyer's fee, like disbursements and other legal expenses. This fee structure is beneficial for clients who may not afford legal representation upfront. It also aligns the paralegal or lawyer's interests with the client's, as the paralegal or lawyer's remuneration is directly tied to the case's success. At Haider Khan Legal, all our personal injury cases have an option for contingency fees.