Mass tort lawyer Toronto

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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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...
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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...
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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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Leanne Crawford
September 2023
I can't say enough about the service I received from Rose and her team at Neinstein. They were responsive and helpful and never gave up fighting for me. Aneta replied to my endless questions and I will be forever grateful for their hard work through...
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M. M.
August 2023
Erik and Jodie have been kind and understaing during the whole process. After a previous lawyer dragged out my case for years and was pushing me to take a small settlement that was offered by Great West Life insurance. Erik took on my case and was able...
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Stefan Misevski
August 2023
I had an amazing experience dealing with Jodie and Erik. Jodie, thank you for all your support, prompt responses, services, calls etc. Erik, thank you for your professional service. Very grateful for the excellent service your team has provided me throughout...
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Raied Shatara
August 2023
The lawyers at Neinstein Personal Injury Lawyers go above and beyond to help their clients get what they are entitled for due to injuries.
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Min Wang
August 2023
Hello Erik, thank you and your team for doing such a great job on my case, I've always been grateful for your effort and professionism during the whole process! Wish you and your team the best in the future!
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Edger Austin
July 2023
Dealing with an injury as well as court is a scary stressful thing. Neinstein takes the scary and most of the stress away they are very dedicated and always respond to questions you may have. They will fight for you like they are fighting for a loved one.
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Sneza V
July 2023
I had a great experience and am very grateful for the professional service I received from Neinstein. Michelle did an amazing job to let me know what to expect and worked diligently with me throughout the process to make it as easy as possible for me...
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Valarie De Freitas
June 2023
Michelle and her team supported me throughout this process. Always kept me updated and always in a positive and timely manner. Thank you for working with me.
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Cailey Durbin
June 2023
Neinstein is a wonderful place to work! Our lawyers and staff are dedicated advocates to all of our clients and strive to change the lives of injured people. Our management team treats each employee with respect and kindness and makes each of us feel...
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Dawn Fugina
June 2023
I couldn't be more thankful for the confident, compassionate and successful representation that I received from Michelle Kudlats. She successfully helped me go from a hopeless feeling to a hopeful feeling and a positive outcome.I highly recommend Neinstein...
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Carmen Frustaci
June 2023
I was highly impressed with the professional service I received from Neinstein. Both Erik and Jodie, were very responsive and communicated all updates along the way. They were also very diligent as my case was settled in under a year. It was a pleasure working...
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Andrew Mondia
May 2023
No words can express how amazing, understanding, and patient the team I dealt with at Neinstein. Michelle and Julia are absolutely FAB. Especially dealing with my emotional roller coaster ride throughout this process. The system sucks for victims, but Michelle did what she could....
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Gurpreet Sidhu
April 2023
I had the privilege of corresponding with Kristina Maitland from Neinstein. Kristina offered me free consultation advice that was invaluable. Kristina's honest and transparent approach was much appreciated and I knew Kristina was acting in my best interest and truly wanted the best....
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Jennifer Rockett
April 2023
Amazing law firm! Helpful, returns calls and or texts immediately. Understanding, excellent work ethics as well as incredibly knowledgeable! I would highly recommend this firm!
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Bob Piec
March 2023
Neinstein Personal Injury Lawyers are Great. They obtained a Very Good settlement for us for an Auto Accident we had in the USA. Their firm treated us like family keeping us informed all the time. Thanks to the Family at Neinstein Law. You are all great.
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Holli Dunn
March 2023
After a terrible car accident, I was referred to Sonia at Neinstein. Over the course of almost 4 years, Sonia and her team were always available for any questions I had and were able to ensure that my insurance company provided the appropriate amount to finance my physical...
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Bianca Isidoro
March 2023
I was involved in MVA and had severe injuries that will impact the rest of my life, and my day to day activities. I was deemed catastrophic and will always have chronic pain and other medical issues to live with. I have challenges to this day and go through obstacles...
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Alex Banham
February 2023
Erik Joffe and Jodie Pryce from Neinstein Personal Injury Lawyers, worked with me for quite some time on my case and they were excellent. Resilient, dependable and they went above & beyond for myself. Erik and Jodie absolutely changed my life for the better. Communicated...
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Haqi Al-Ganabi
February 2023
Thank you Neinstein lawyers for all your help. Special thanks to Michelle Kudlats for her hard professional working to get me compensation. Once again thank you.
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L Y
February 2023
I need to let people know about Sonia Leith. This amazing lawyer essentially fought for me when no one else would. And she fought hard for me. She had seen in me how much I had struggled alongside my drive to move forward with my life and advocated for me without ceasing...
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Michele Malarz
January 2023
Michelle Kudlats and her team at NEINSTEIN law got an even better result than I could have hoped for my personal injury claim. Michelle was thorough, professional and personable at all times, and made the claims process easy. I am grateful a friend referred me to Michelle...
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Sarah L
December 2022
I had a pleasant experience dealing with Rose from Neinstein, along with her colleagues that assisted her with my file. Rose explained the process every step of the way and fought until the end, without question. She is truly amazing at what she does and did an exceptional job!
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Kenneth Shute
October 2022
I'm only speaking from personal experience but I can assure you I'm very pleased with the outcome of my case. Unfortunately I was in a very bad pedestrian motor vehicle accident me being the pedestrian and was pretty seriously injured. From the day I was admitted to hospital I was...
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Marek Szczesiak
October 2022
Thank You very much for Your help and your hard work on Luba's case. We are very happy with your work and highly recommend Rose Leto and Aneta Vujic. They have provided tremendous support to us during hard times. They are also very organized, professional and very time efficient.
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Linda Moss
September 2022
This is the most important review you will read about the Law Firm :) Our case has been ongoing for the past 3 yrs, we were going up against a big institution and that's not easy even for a high profile case like ours that made national news. We have been fortunate to have...
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N L
September 2022
I am a survivor of a recent pedestrian motor vehicle accident. I would highly recommend Nienstien and associates. Jeffrey Nienstien and his team, Sarah and Sebastian were amazing! They more than met their professional obligations. A Very classy firm with extremely capable Lawyers.
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Vivianne Teixeira
September 2022
Erik Joffe was recommended to us by a friend of a friend, after we had gone through a scary car accident. We weren't sure it was something we wanted to pursue, but after meeting with Erik we felt comfortable to move forward with the case. Erik demonstrated professionalism...
 

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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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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.