Following an accident in which you were severely injured, you will likely encounter the term “tort claim”. If you have not already informed yourself online, we are here to explain the ins and outs of tort claims, what their purpose is, and why you may be encouraged by your lawyer to file one yourself. It is good to talk with an expert when you are in doubt as they understand the law and with experience, they know all aspects of the case.
The Basis of Tort Claims
A tort claim is filed by the injured party in the event of physical, emotional, financial, or psychological damage inflicted on them by another’s wrongful actions. However, only if this offending party has been held legally liable for their actions can the injured filed such a claim. The “tort” in these cases is the event in which the injury was inflicted upon the party filing the claim.
Reasons For Filing A Tort Claim
There is a multitude of situations in which a tort claim can be filed, though the basis for any of these claims is always the same: one person inflicted an injury upon another and the person who caused the injury has been legally held liable for their actions. Below, personal injury lawyer in Oakville have put together a list of some examples for why people have filed tort claims:
• Assault and battery
• Medical malpractice
• Product liability
• Slip and fall accidents
• Animal Attacks
The Purpose of Tort Claims
Despite popular believe, tort claims do not exist to punish the one who caused the injury. Their actual purpose is to compensate the victim for the trouble the injury has caused them and to make up for the related expenses, i.e. medical bills. As the party injury, the plaintiff will have to ensure they receive their compensation by proving the defendant guilty of negligence or direct fault. However, the degrees of fault do vary among the different types of torts. If you are injured when the defendant injured you with the intention of hurting you, it will come under intentional torts.
Intentional torts occur in situations in which the defendant is proven to have intentionally committed the wrongful act which left the victim injured. Penalties for these torts are always more severe which oftentimes leads to a higher settlement for the plaintiff. Among intentional torts are sexual harassment and assault, as well as battery. It is important to note that the injury itself does not have to be intentionally inflicted for the defendant to be found guilty since the wrongful action was intentionally committed.