In some cases the personal injury may be suffered by a person due to the negligent driving of another person who is called as at fault driver. The personal injury claim made from this person is called as Tort claim.
Steps in making a claim against at fault driver
- For proceeding further one has to appoint any of the Toronto accident lawyers who shall give a written notice to the person whom the suffered person is willing to sue. Later provide all accident related benefit claims are submitted to the insurer and file a law suit within the prescribed time limit.
- Claim can be made for the pain and suffering in a motor vehicle accident. The damage that has incurred shall be in the nature of permanent disablement of a vital organ or impairment of physical, mental or psychological function. The law says that fro claim of pain and suffering may reduce the monetary limit of the claim made that means a portion of the claim made may not be recovered.
- The injured person has got a loss of income or the inability to earn the income he has the right to file a personal injury claim on this ground. After the first week after accident till the time the case gets settled initially 70% of gross income loss can be claimed and if the loss continues i.e. the person suffered is still disabling from work further claim of 10% of gross income loss can be made. One must claim the loss from any disability insurance and then from the accident benefits insurer. If the source of income replacement are not sufficient then further claim can be made. No income loss can be paid in the first week subsequent to the accident.
- In case a person is unable to maintain the house in the same way as he did before the accident then he may claim the house maintenance and housekeeping claim, for this he has to initially approach the accident benefits insurer and seek for reimbursement of expenses if the same is available.
- Health care expenses can be claimed from accident benefits insurer if the injured persons passes through the thresh hold test.