Tort claims is a term that is often thrown around by those who have been seriously injured in an accident. While the term may be randomly used often, many people don’t fully understand what a tort claim is and if they would even qualify to make one. The simplest explanation of a tort claim is one where a person who has been injured by another in an accident seeks compensation from the person who caused the accident.
There are some limits to tort claims. They can only be filed if one person is responsible for causing physical, emotion, psychological or financial injury to another through the actions the person had done. The person who committed the injury can be held legally responsible. The event in which the accident occurred is referred to legally as “a tort”.It’s important to understand the basics of filing a tort claim if this is something that you’re considering. The same holds true if your personal injury lawyer in Trenton is encouraging you to file one, although if that’s the case, your lawyer should explain the basics to you.
Examples of Tort Claims
In the Canadian legal system, tort law is a large part. This is because injuries caused by others have the potential to impact many people. Here are a few examples of types of tort claims that have been filed.
• Assault and battery
• A claim against a drunk, or otherwise impaired, driver who injured another driver
• Medical malpractice cases
• Product liability cases
• A claim against a landlord who did not fix something unsafe in the rental space, like a loose floorboard or loose handrails that resulted in the tenant getting injured.
Why a Tort Claim?
There are many avenues a person can take within the Canadian legal system to allow someone who has wronged them to suffer the consequences of what they did. The purpose of tort law is more victims focused. A tort claim is meant to make sure the victims gets compensation for the injuries, indirectly or directly caused by the accused, that made such an negative impact on the victims’ lives.
The purpose of a tort claim is not to punish the offending party, even though this is what many people think.Let’s say, for example, you experienced physical or psychological damage as a result of an injury. You have the legal right to file a tort claim so that you have enough money from the settlement to cover medical and any other accident-related expenses.
As the plaintiff, you’ll be required to prove that the defendant was legally responsible for your injury. Direct fault or negligence are valid. Degrees of fault may vary, depending on the type of tort.Intentional torts are the most severe type of tort. This is when the defendant has intentionally injured the victim, meaning they’ve taken specific steps to ensure that the plaintiff was injured. Examples of intentional torts include sexual harassment, sexual assault and battery.
A defendant may argue that the injury itself was not the intended result of an act. To the courts this is irrelevant because the wrongful act was done intentionally. For example, one does not accidentally sexually assault another person.
The second category of a tort claim covers unintentional torts. This is when the victim becomes injured during an act by the accused which the accused did without specifically wanting to injure the victim. A car accident is an example of an unintentional tort. Generally, in a car accident the driver does not go out of their way to injure the victim.Intentional torts may receive higher settlements than unintentional torts.