If an accident in the recent past left you with serious injuries, you may have heard the term “tort claim” be thrown around a lot in regards to your situation. Thus, what is this tort claim? Well, in short, if someone has accidentally inflicted an injury upon another, and the injured then sets out to seek compensation for it, we call it a tort claim.
What this means is that, for a tort claim to be filed, certain circumstances need to be surrounding the case. For instance, the party the claim is filed against will need to have inflicted injury upon the claimant, be it of psychological, financial, physical, or emotional nature. And, of course, the person the claim is filed against will also need to be capable of being held legally accountable for their actions. This event, during which the injury was sustained and inflicted, is then what is called the tort. Assuming that recent circumstances have led you to consider filing such a tort claim, you should now take the time to thoroughly inform yourself about what such claims entail, and what challenges lay ahead of you should you choose to pursue this path.
Different Kinds of Tort Claims Available
Since so many injuries are annually sustained as the result of another’s actions, tort claims and the broader spectrum of tort law in general, have become a huge and vital part of the legal system in all of Canada. There is a large selection of cases in which tort law is applicable, including, but not limited to:
• products liability
• assault and battery
• negligence
• trespassing
• medical malpractice
One of the most widely spread false beliefs regarding tort claims is that they exist to punish the defendant. However, this is not the case. In actuality, tort claims serve the purpose of compensating the claimant for their sustained injuries and the impact said injuries have had on their lives. This can be achieved by obtaining a settlement high enough to cover any and all expenses surrounding the accident, including medical expenses and additional costs stemming from property damage.
However, if you actually wish to obtain such compensation, you will first need to prove that the defendant can be held legally accountable for their actions which need to have resulted in your injuries, whether it be through negligence or direct fault. That is when your personal injury lawyer in Trenton will step in. They have an extensive team of investigators, medical care professionals and staff to get the evidences, proof and submit the required documentation. This will strengthen your claim and ensure that you get a higher amount as compensation than what you would have got had you tried to get it on your own.