Personal Injury

 

What is a Tort Claim

A person injured in a motor vehicle accident may also have a claim for damages for pain and suffering. Charney Lawyers has handled thousands of these claims. A tort claim is a lawsuit for damages against the party or parties who were at fault or negligent in causing the accident. The Ontario Courts and legislation have set a “threshold” of injuries in order to obtain compensation. Your injuries must reach this “threshold”. If you sustain a "threshold" injury then you can proceed to bring a claim against the other party. The Courts and the law of Ontario dictate that your injuries must meet the following criteria:

  1. You sustained a serious and permanent impairment of an important physical, mental or psychological function; or
  2. you have sustained a serious and permanent disfigurement;
  3. Your injuries must exceed the statutorily prescribed deductible which is $30,000.00. The deductible will not be applied where the injury claims exceed $100,000.00.

You can also sue for lost income, future lost income, impairment of your ability to earn income, loss of competitive advantage in the work-place, and business losses without meeting the threshold.

Families of those injured may also have a right to sue the other party for loss of care guidance and companionship; this is called a “Family Law Act” claim. There is a $15,000.00 deductible for Family Law Act claims. The deductible will not be applied where the claims under the Family Law Act exceed $50,000.00 or the claim is based on a fatality.

Judicial Endorsements

 

“I find that the plaintiff’s counsel presented a well prepared, organized and efficient case… The medical issues were complex. It involved evidence of psychiatrists, physiatrists, orthopaedic surgeons, occupational therapists, future care specialists, vocational alternatives, forensic accounting and quantification of damages. The jury had to be presented with present valuations of past and future loss of income and projections of future care costs."

 

-Giordano v. Li [Ontario Superior Court of Justice, 2015]

Ted Charney represented the plaintiff in this three week personal injury jury trial securing a $900,000 verdict for chronic pain syndrome.


"Charney... is unquestionably qualified to act as counsel."

 

-Ison T Auto Sales v. Zurich Insurance [Ontario Court of Appeal, 2011]

Ted Charney acted for Ison T Auto Sales i.e. Toronto Honda on the appeal.


"The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group."

 

-Whiting et al v. Menu Foods Income Fund [Ontario Superior Court of Justice, 2007]

Charney Lawyers was a member of the Whiting Group and appeared as counsel on the motion to decide carriage.


"Mr. Charney conducted the Applicant's case in an exemplary and efficient manner, which was to the benefit of all concerned, his clients, the insurer and myself alike."

 

-Amoa-Williams v. Allstate Insurance Co. of Canada [Financial Services Commission of Ontario, 2001]

Ted Charney acted for the insured.


 

 

Who you gonna call - Ted Charney
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