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Tort Claims
How do I proceed with a Tort Claim?
- Consult with a lawyer who specializes in personal injury litigation: Request a FREE EVALUATION by a Dye & Russell lawyer
- Give written notice of your intention to sue within 120 days of the accident (this time may be extended by the court).
- Apply for Accident Benefits (See Accident Benefits Claims section).
- Undergo a medical examination if requested by the defending insurance company.
- Provide the defendant with a statutory declaration describing the circumstances surrounding the accident and the nature of the claim being presented if requested.
- Provide evidence of your identity if requested.
- Provide the name of your insurance company.
- Provide evidence of your income from all sources in the 52 weeks proceeding the accident.
- Provide a copy of the autopsy report if the claim arises out of a death.
- Provide copies of clinical notes and reports of all treating health care professionals from the day notice is served until 120 days after the accident.
- Commence a lawsuit within 2 years of the date of the accident.