Filing Tort Claims in Ontario

Gary Neinstein, QC, and his team of personal injury lawyers at Neinstein & Associates work closely with clients to identify their options and find solutions following an injury or death. A specialized law firm, Neinstein and Associates began operating in the Toronto area more than four decades ago under the leadership of Gary Neinstein. Today, the firm focuses on serving clients in slip and fall cases; medical malpractice lawsuits; and motor vehicle accident claims, including tort claims.

The victims of motor vehicle accidents must take a few careful steps to preserve their rights to sue any and all at-fault parties. First, the injured person should provide written notice of his or her intentions to file a claim. This notice should be given to the at-fault driver and his or her insurance provider within 120 days after the accident. After giving this notice, the injured party will need to provide the insurance company of the at-fault driver with any medical or economic information that supports his or her claim. They may also need to sign statements swearing to the circumstances of the accident and their injuries.

Injured parties have up to two years after the date of accident to start any actions against the at-fault drivers. However, moving cases forward faster helps to maximize recovery. Injured parties may also force the insurance providers of at-fault drivers to mediate the case prior to moving to trial in an effort to settle early.

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