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If you have been hit by a car in recent times, you may have stumbled upon the word “tort” or more specifically, the words “tort claim”. Thus, what is that? To put it simply, it’s the compensation a person may seek after they have been injured by another during an accident.
There are certain requirements that need to be fulfilled for a tort claim to be filed. Firstly, the victim will need to suffer psychological, emotional, physical or financial injury following the accident. And secondly, the accused will have to be held legally responsible for the accident. This accident which caused the injury is what is legally called a “tort”.
The Basics of a Tort
Tort claims exist so the victims can receive the compensation they are owed to help with the consequences of the sustained injury during the accident. Since their lives have been impacted, they deserve support during their recovery. Despite popular belief, tort claims do not exist as a form of punishment for the accused.
If you can prove physical or psychological injury following an accident, your injury lawyer in Collingwood can file your tort claim on the basis of requesting settlement to make up for the accident-related costs, such as medical bills. On the other hand, if you are a plaintiff, you will first have to prove the defendant guilty of causing you injury, whether it be through negligence or direct fault. In this case, you should know that there are degrees of fault and which degree they are found guilty of depends on the type of accident. There are also two basic categories of torts: intentional and unintentional.
Intentional torts are the result of a person intentionally harming another, such as in cases of assault, trespassing and false imprisonment. The intention may not have been to cause injury, but the act in and of itself was intentional and wrong. Cases of unintentional torts are usually built up on a basis of negligence. To make a case of this, it will have to be proven that the accused owed a duty of care, then neglected to provide that care, and as a result caused injury to the plaintiff. Unintentional torts can get very serious when the accused is a medical professional.
The Settlement
To file a tort claim, you will need to seek medical advice for your injuries, such as detailed information regarding the treatments you will need, how much they will cost you, and of course the seriousness of the injury, especially in regards to how they will impact your life, both in the here and now, as well as the future.