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Toronto Mass Tort Lawyers

A mass tort affects a large potential group of claimants. For instance, if a defective product injures a large number of consumers, a mass tort may be an appropriate forum for compensation. Unlike class actions, which are designed to allow smaller claims that may not otherwise be litigated to be aggregated to provide access to justice, a mass tort does not combine individual claims in the same way. Because product defects can cause a wide range of problems, the cases may be difficult to group into a single class that satisfies the certification requirement for class actions. Mass torts will allow lawsuits to proceed individually, where clients have more control over the direction of litigation and an individual analysis of each client’s damages will occur.

At Neinstein LLP, our experienced personal injury and class action lawyers are committed to delivering superior advocacy and representation for our clients. Our team carefully considers the nature of negligence and how to best service the needs of our clients.

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Mass Tort & Negligence Lawyers In Toronto

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.

Important Tort Claim Steps To Preserve Your Right To Sue

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. 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.

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We will not charge you unless your case is successful.


 

FAQ

A mass tort affects a large potential group of claimants. Mass torts are lawsuits as against the same Defendant; however, each client’s damages will be assessed on their own merits.

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Instead of grouping similar claims into a class with one representative, in a mass tort, each client’s damages will be assessed on their own merits.

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Where there are similar claims of negligence, it may be cost-effective and strategic to pursue a mass tort instead of a regular lawsuit.

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Hear from our clients who have achieved life changing results

 
Aleksandra Client Testimonial for Neinstein Medical Malpractice Lawyers
One motor vehicle accident left Aleksandra unable to walk and in constant pain; a second forced her to give up her work and financial independence. Neinstein Personal Injury Lawyers' Rose Leto fought to ensure Aleksandra had access to rehabilitation and was able to live her life with peace and dignity...
Nick & Katerine Client Testimonial for Neinstein Medical Malpractice Lawyers
Medical negligence resulted in Nick and Katerine's daughter, Niko, being born with severe disabilities. They sought the help of Duncan Embury and his team at Neinstein Personal Injury Lawyers' Medical Malpractice Group and were impressed by Duncan's expertise and understanding. Their case was resolved within four years, allowing Nick & Katerine the financial freedom to care for their daughter...
Linda Client Testimonial for Neinstein Medical Malpractice Lawyers
After sustaining serious injuries in an accident, Linda credits the Neinstein Personal Injury Lawyers team for helping her feel secure during uncertain times...
 
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Tosha Cooper
December 27, 2020
I highly recommend using Neinstein for any personal injury issue. The service I received from Mike and Greg and the support staff was thoroughly heartfelt at the most terrible time in my life. They go over and above what I would have ever expected...
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Rathini Sivanandarajah
November 27, 2020
We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately...
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Rick Sullivan
November 18, 2020
Not only have I been personally employed by Neinstein LLP for over 20 years, I have referred many family related files as well as my wife's file. I wouldn't trust another firm to handle things of such personal importance and magnitude to me...
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Nicole Elfassy
October 18, 2020
Neinstein Medical Malpractice Lawyers is a firm comprised of the most compassionate group of highly skilled lawyers. It's a pleasure to work along side such a talented group. I get to see first hand their client dedication, their unwavering support, their tireless efforts...
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Darcy Perry
August 18, 2020
The moment I spoke to and met with Michelle Kudlats at Neinstein and Associates , I felt and knew I made the right decision to ask them for help . Michelle right away started to make sure I had the medical and mental help I needed to get my recovery...
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Raj Sethi
May 26, 2020
I would highly recommend Neinstein Personal Injury Lawyers. Jeff and his team has helped us from beginning to the end during out MVC law suit. Whole team had been available just on a text or email. They have supported us during our hard times...
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Bharath RV
January 26, 2020
I would never think of going elsewhere and highly recommend them. Last year, I was hit by a car at the pedestrian path and ended up with broken a clavicle bone. I reached out to Neinstein and worked with Michelle Kudlats. Being new to the city and understanding legal terms...
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Roscoe Rabinowitz
November 27, 2019
Michael Wolkowicz was terrific. My claim was relatively small, but I always felt that I was in good hands. He pushed when he needed to push, made sure I knew where we were in the process, helped me keep perspective on it while offering helpful...
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Stephanie Daigle-Roy
January 25, 2017
My husband and I were in a serious car accident in 2013, and despite living 7 hours away from the Toronto area, we chose to be represented by Greg and his team at Neinstein. One of our acquaintance's daughter had also been represented by Greg and his team..
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Sophie Levesque
December 4, 2016
While my case is just starting, Sonia has been a great help, and going above and beyond for me, and I must say that she is truly amazing, and her kindness and assistance moves me to tears..
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Shaili Parmar
November 11, 2020
I've been lucky to receive the attention and care of the Neinstein Group. They have been so professional and helpful for my needs. Highly recommend...
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Harpal Hothi
November 10, 2020
The medical malpractice team at Neinstein LLP is knowledgeable, skilled, and most of all compassionate. They care about their clients and their knowledge of the law and medicine of each case is unparalleled...
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Stephen Winstall
November 16, 2020
Very professional quick to a resolution that worked for me...
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Sarah Harvey
November 6, 2020
As a member of the Neinstein team for over a decade, I have seen first hand the hard work, dedication and expertise of our Medical Malpractice Lawyers. I would without hesitation recommend this team to my own friends and family...
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Kelly Douma
October 7, 2020
I would recommend Michelle Kudlatz from Neinstein in a heartbeat! She handled my personal injury claim with such kindness, empathy and professionalism, and fought hard to make sure that I was taken care of and treated fairly...
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Diana Brown
September 11, 2020
A painless process for those already in enough pain and due compensation! They did all the work and made sure to handle all the details. I recommend them all the time and there is really no other firm out there that takes care...
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Malgorzata Bonikowska
August 9, 2020
Our family was most fortunate to deal with this excellent company and its lawyers. Caring, highly professional and always ready to assist. Thank you, Stacy Koumarelas! We would recommend Neinstein Personal Injury Lawyers to everyone...
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Dayana Naumov
July 11, 2018
I wanted to give a huge thank you to Jeffrey and his team. We appreciate him for his hard work and going above and beyond! After successfully helping settle my father's case he continued to help. If it weren't for his skills and knowledge...
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Jasser Thiara
March 4, 2021
Over the past year or so, I have personally had the pleasure to work with Duncan Embury regarding a personal injury matter involving a family member. As a physician, I am well aware of how challenging of a process it is, especially when a loved one...
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Martin Lee
February 4, 2019
Greg and his team were an indispensable help after my motorcycle accident. They treated me with dignity and respect , answered all my questions, even the dumb ones, and settled my case very quickly. I highly recommend them...
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Deborah Ramey
January 3, 2017
We are very grateful for the help , good communication skills, patience , advocacy and support Daniel Michaelson and his team provided for our daughter Joelle during this trying time after she was injured...
 

No Legal Fees Until Your Claim is Successful

We are confident our proven strategy can assist you in obtaining your proper and rightful accident benefits. Toronto-based and serving all of Ontario, Neinstein Personal Injury Lawyers pursues your personal injury claim at no upfront or hourly cost to you, and there are no fees until your case is successfully resolved.

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Neinstein's Year in Review, 2020

2020 was a difficult year for most, but during these unprecedented times, we came out stronger together.

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We're Here For Your Financial + Legal Recovery

 

When people are injured, most often they are unable to work and during these times, cash flow can become an enormous burden on the victim and their families. We recognize that our clients are suffering and are under enormous financial stress.

That is why we use the contingency fee arrangement. Under this arrangement, the client is not required to pay any fees or expenses unless the case is successful. If the client does not recover any monies from the lawsuit, there will be no legal fees.