According to legal definitions, a tort claim is a claim for compensation (or damages) that an injury victim files against someone who, through their careless or negligent actions, has caused them emotional, financial, mental, and/or physical harm. In simpler terms, this is a claim that is filed against another person for accidentally injuring you and you are seeking compensation for the injuries that resulted. A personal injury claim is a form of tort claim.
Furthermore, you can only file a tort claim if another person’s careless, negligent, or reckless behavior has caused you emotional, financial, mental, and/or physical harm. The actions, event, or behavior causing your accident and injuries is commonly called a “tort”, and as the victim, you could be entitled to compensation. If you’re considering filing an injury or tort claim, you should consider contacting a personal injury lawyer to assist you. This will ensure that your rights to compensation are protected.
Types of Tort Claims
Tort law plays a significant role in the Canadian legal system as personal injuries that result can impact a large number of individuals. Consequently, the purpose of such a claim is to ensure that the injury victim (plaintiff) is made financially whole again, not to punish the at-fault party (defendant). Tort claims might include:
• a claim against a driver who cause your injuries because they were impaired by alcohol or drugs while driving their vehicle
• a claim against your landlord for not performing necessary repairs to your rental
• assault and battery
• defective product injuries or product liability accidents
• medical malpractice
In personal injury or tort claims, the plaintiff must prove that the defendant’s actions or behavior caused your injuries. Additionally, there are two types of torts – intentional and unintentional. Intentional torts occur when the defendant or at-fault party deliberately or intentionally injures the plaintiff or victim. Conversely, unintentional torts occur when the at-fault party fails to prevent injuries to the victim or is negligent and injuries result.
Settling Your Tort Claim
Before you can file a personal injury or tort claim, you must obtain medical advice and treatment of your injuries before proceeding with a lawyer and settling your claim. Your lawyer will want detailed information such as the nature and extent of your injuries, the cost and type of treatment required, and how your injuries have impacted your quality of life. This is the only way that your personal injury lawyer in Trenton can accurately evaluate your case and determine the amount of compensation you may be entitled to. They can help you evaluate your case and be with you at every step of the way till they get you the damages.