If you have been in a car accident and wish to pursue a claim against the at-fault driver for pain and suffering, your injuries must reach a certain threshold. According to the automobile legislation, you are allowed to sue if you have suffered:  
  • Permanent serious disfigurement (i.e., scarring); or
  • Permanent serious impairment of an important physical, mental or psychological function
  • You can also sue if the accident results in the death of a family member.
Any damage award you receive for pain and suffering is subject to a $30,000.00 deductible. Any damages received in excess of $100,000.00 for pain and suffering is not subject to the $30,000.00 deductible. Importantly, 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, some out of pocket expenses and business losses without meeting the threshold. These claims are not subject to the $30,000.00 deductible.  


  • Formal written notice of your intention to proceed with a claim against the at-fault driver should be given to that driver and his or her insurance company within 120 days of the accident.
  • You must provide the at-fault driver’s insurance company with medical and economic information in support of your claim. You may also be required to sign a sworn statement about your circumstances of the accident and your injuries. Any information given in a sworn statement should be reviewed by a lawyer.
  • Injured persons must apply for accident benefits and complete all of the application forms correctly (accident benefits will be discussed below).
  • There is a distinction between economic losses before trial or settlement and economic losses after trial or settlement. Pre-trial income loss is paid at a rate of 80 percent of your net income. Post-trial income is paid at 100 percent of gross. It is important to move cases forward quickly to maximize your recovery. The value of seeking legal advice after an accident is obvious.
  • There is a two-year period from the date of the accident within which you must commence an action against the at-fault driver. If you do nothing, you may lose your right to sue.
  • You can force the insurance company of the at-fault driver to mediate your case before proceeding to trial. This is to encourage early settlement.

I would like to take this opportunity to thank Fabio Longo and his team, for there sincerity and support through out the years after having a car accident back in September 2008.
Fabio was there every step of they way, Fabio is an exceptional, professional and fabulous lawyer. He helped my family and I through a very stressful period in my life.
Fabio not only closed my Tort case but he was involved in my AB case. Both cases settled in the same week. I would highly recommend Fabio’s services to friends and family as I am extremely satisfied with the service provided by both Fabio and his assistant Grace.


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A serious and disruptive car accident can happen to anyone. When it does, Neinstein Personal Injury Lawyers are here to help you get your life back on track. We ensure that you receive the best medical treatment and the secure settlement you deserve. We know that a financial settlement cannot fully compensate for the pain and loss you have suffered, but it can help bring closure on this challenging phase of your life.

Our Toronto car accident lawyer team handles claims relating to all motor vehicle accidents, including motorcycle accidents, pedestrian accidents, and cycling accidents. Neinstein Personal Injury Lawyers is a full service personal injury practice: we are leading advocates in slip-and-fall cases, accident benefits claims, product liability disputes, dog bites, and wrongful death cases.

With head offices in Toronto, we represent clients across Ontario. Our expertise and record of success have helped us to be named one of the country’s Top 10 boutique personal injury Law firms on several occasions, according to Canada Lawyer Magazine. Many of our lawyers are also recognized as certified specialists in their fields by the Law Society of Upper Canada.

Caring for Clients, Not Just Client Care

More than just the physical injury, a serious car accident injury can have an impact on your family, cause loss of income, and require long term rehabilitation. Every personal injury matter is unique, and our lawyers know to work to your unique needs. Our Toronto car accident lawyers make sure you receive the medical care and attention you need, and work towards a resolution that will get you the compensation you are owed for your injuries.

We understand that people want to move on from the trauma of their accident and get a definitive outcome on their claim as soon as possible. Our lawyers take care to set the right strategy for your claim or settlement. We will advise you every step of the way, explaining legal terms and nuances as we go. We believe that it is critical to ensure our clients feel engaged and involved throughout the legal process.

A Toronto Car Accident Lawyer That Makes Legal Advice Easy and Accessible:

  • Free, no-obligation consultation to discuss your claim
  • Nearly 50 years of experience in civil litigation
  • Hundreds of thousands of successful personal injury claims


The insurance claims process is often time-consuming and complex. Insurance companies will assess every minute detail of the events leading up to the accident to ascertain fault. As a victim, you must submit to medical examinations and intense scrutiny of your injuries. These will be accompanied by meetings with legal counsel for the insurance company. These are known as Examinations for Discovery, or ‘depositions.’

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