If you are not 100% at fault, a claim can be made. Tort claims can be made for:
To preserve your claim, the law requires that the at fault person be put on notice within 120 days from the date of the accident and a lawsuit be filed in court within 2 years.
No-Fault accident benefits apply to any person in Ontario who has been injured in an accident involving a motor vehicle, regardless of who is at fault for the accident. That includes drivers, passengers, pedestrians and cyclists. These benefits, by law, are part of every car insurance policy sold in Ontario. They are paid according to a set of rules called the “Statutory Accident Benefits Schedule”, that determines what benefits you can qualify for.
Because of the completely unexpected nature of these accidents, fairly serious injuries may occur. Potential “at fault” persons are the owner and tenant of the property where the fall occurred, and the municipality if the fall occurred on public property such as sidewalks and municipal parking lots.
Generally, when one person’s negligent act directly results in the death of another person, that is considered a wrongful death. Relatives of the deceased person may seek compensation for their financial and relationship losses which result from a wrongful death of their loved one.
If you experience physical pain, scarring or psychological damage from the behaviour of an animal that belongs to another person, you are entitled to make a claim for compensation.
Dog bites are probably the most common type of animal injury, and Ontario has a statute called the Dog Owner’s Liability Act which governs such situations. This law basically provides that the owners of a dog are always liable for damages resulting from a bite or attack by their dog on another person or domestic animal, regardless of whether they knew the animal was dangerous or not. This rule does not apply, however, if a guard dog attacks someone who is breaking into the premises.
Class actions are appropriate when a group of people have similar potential claims. What may be too small a claim, if pursued by one person, may be a very large claim if pursued by a group of people. There is almost no claim that is too small if it can be the start of a class action. Examples of successful class actions are:
First, we will open a Court file by preparing and issuing a document called a “Statement of Claim”. This must be served on the party you are suing, who will normally take it to his or her insurance company. The insurance company will then retain a lawyer to defend the case. That lawyer will respond by filing a “Statement of Defence”.
An examination for discovery is usually held in an office located downtown, in or near the Court House of the Judicial District where an action is commenced, or where the person resides.
It is an informal hearing which takes place before the lawyers for all parties and a reporter who takes down your evidence. Prior to the examination you will be required to take an Oath or affirm that the statements that you make will be the truth.
At the outset the mediator will outline the terms of the mediation. He will explain that each side will be given an opportunity to present opening remarks, discuss the issues and often an opportunity for the clients to speak as well. The subject matter of what you will say at the mediation should be discussed with us in advance. At a later point in the mediation the mediator will take one side or the other and pull them away for a caucus. In the caucus confidential discussions will take place for developing a strategy to attempt resolution.
If a claim is brought for an injury typically one of the components of the claim is pain and suffering and loss of enjoyment of life. A second component is for loss of income.
Each personal injury case is unique, and requires dedication, professionalism, expertise and a personal, hands-on approach. If you have suffered injury due to the negligence of others or are being denied disability benefits, Tony Lafazanis will guide you through every step of the legal process, and ensure you receive the compensation to which you are entitled.
Contact Tony Lafazanis today for a free consultation, or fill out our client form.
416 979 1770
1 888 979 1770
tony@tonylafazanis.com
