A recent accident resulting you getting injured may have brought the term “tort claim” into your life. But what is it? In common words, it refers to compensation a person may seek after they got injured by another. The “tort” in this is referring to the event in which the person got injured.
A tort claim can only be filed if a person can legally be held liable for causing another person psychological, financial, emotional or physical harm. And if you find yourself as the victim in such a scenario, you may find it helpful to understand the basics of this kind of claim.
The Different Kinds of Tort Claims
What’s referred to as “tort law” makes up a big part of the legal system in Canada since injuries suffered as a result of another’s actions affect a large amount of people each year. The existence of a tort claim is a mean to ensure the victim will receive the deserved compensation for the harm that was caused by another, not to punish the perpetrator.
After a physically or psychologically traumatizing injury, you may file a tort claim to receive compensation that can cover all expenses related to the accident. Obviously, you may first have to prove the defendant’s guilt regarding your injuries, whether it be because of a direct action of theirs or as a result of negligence. However, there are various degrees of fault and whichever they’ll be trialed with, will affect how high the settlement will be.
Intentional torts, in which the defendant was out to harm the plaintiff, will result in larger penalties. This includes sexual harassment and assault, battery and any other intentional, wrongful action that resulted in suffering for the plaintiff, automatically qualifies as an intentional tort.
Unintentional torts, in which the defendant’s negligence or failure to prevent injury is responsible for the accident, are less severely punished. This includes any situation in which the defendant didn’t mean harm, even if their carelessness is to blame.
The Settlement of the Tort Claim
If you’re ever in a situation where you’re suffering from injuries caused by an accident, you will first want to seek out a medical professional. After the assessment, you will want to ask for all the details regarding the severity of your injuries, your future treatment and the connected expenses, and of course, how these injuries may affect the rest of your life. Once you’ve gathered all this information, you can make an estimate of how high your compensation needs to be.
Be sure to take note of the two-year statute of limitations regarding the filing of your tort claim. If your injuries are severe, you may want to take advantage of the full two-year-span to ensure how they will impact the rest of your life. Of course, you can always check in with a personal injury lawyer in Collingwood, to get their legal advice on the matter.