If you have ever been in a position which required you to file a personal injury claim in order to receive fair compensation for an injury sustained as the result of somebody else’s negligence, you will have likely heard of the term “intentional tort”.
Regardless of the type of injury that lead you to file a personal injury claim, you will always be navigating in the part of the legal waters we refer to as “tort law”. What this means for you is that you should start informing yourself about this part of the law in order to get a better understanding of it and become more successful in future endeavors with your personal injury claim.
Basics of Tort Law In Canada
Tort law was established in Canada in order to enable citizens to obtain compensation from people who caused them pain or suffering in a way they can be held legally accountable for. Under tort law, anyone who inflicts damages upon person or property can be held legally liable for their actions. Additionally, they will also have to pay damages to the person or owner of the property they caused damages to in order to compensate the victim for their wrongdoing.
Since every citizen is legally obligated to uphold the law, there need to be consequences when that duty is breached. And that is where the tort claim comes in. While it, on one hand, serves the purpose of holding people accountable, it also works as a deterrent by showing people that there will be consequences if they inflict harm upon others or their property. Despite this, there will always be people who disobey such laws and when that happens, the victim will have the right to file a claim for tort settlement.
Understanding Intentional Tort Claims
When a person intentionally inflicts damage upon you or your property, you will be looking at a intentional tort, which enables you to file an intentional tort claim. Such an intentional tort can be anything from trespassing, over the infliction of intentional emotional distress, to assault, battery, and fraud. Since this covers a broad spectrum of unlawful behaviors, the defendant will oftentimes be charged under not just Tort Law, but also Criminal Code. However, even when harmful behavior wasn’t intentional, it will still count as negligence which can also enable the plaintiff to seek compensation. Thus, it becomes important to consult with a personal injury lawyer in Collingwood. They understand tort laws and the nuances of torts, both intentional and unintentional. Additionally, they have the expertise and the experience to handle cases like yours and will be able to help you get the damages that you deserve.