A tort claim is described as an accident injury victim seeking compensation from the person that caused the accident. The person that caused the accident must be held legally responsible for having caused physical, emotional, psychological or financial injury to the victim in order for a tort claim to be filed. Tort is the legal reference that describes the injury causing event. The basics of a tort claim are listed below:
Different Types of Tort Claims
Tort claim examples include the following:
● Filing a claim against a negligent landlord.
● Filing a claim against an alcohol impaired driver that caused injury to another driver.
● Filing a claim in a medical malpractice case.
● Filing a claim for product liability.
● Filing a claim for assault and battery.
A tort claim is not to punish the offending party but for insuring that an injured victim receive compensation for those injuries. In order to receive a settlement when you have been injured you will file a tort claim. Your claim can result in a settlement to cover your medical and accident related expenses from the injuries.
You are responsible for proving the defendant is responsible for causing you injury. The defendant could be directly at fault or found to be negligent. Degrees of fault could vary, depending on which type of tort is filed. If the defendant has intentionally injured another party the type of tort filed will be an intentional tort. If the defendant is found to have been negligent or could have prevented injury to the other party an unintentional tort will be filed.
You could possibly receive a higher settlement for an intentional tort as the penalties for these are more severe than those for unintentional torts. An example of an intentional tort would be sexual harassment or sexual assault or battery. A car accident would be an unintentional tort example.
What To Expect With A Tort Claim Settlement
In able to determine a required amount of compensation you will need to obtain medical advice that pertains to the full extent of your injuries. This includes knowing the full cost of all treatment and how the injuries will affect you presently and in the future.
Limitations also apply when filing a claim. You will have two years to file from the day of your accident. This amount of time should allow most injured parties to realize how their injuries will impact the rest of their life and have a full medical assessment. It is best to hire the services of a personal injury lawyer in Oakville to represent your interests and rights. They understand regulations and tort laws and will be able to help you get maximum amount of compensation.