In order to get compensation for your injuries, you may need to pursue a lawsuit. But obtaining adequate settlement is not that easy the way it sounds. To obtain it, you need to follow certain legal ways and procedures. If you fail to follow those legal procedures, you may not be able to obtain them.
Most of the personal injury cases are considered a tort. In more simple words, certain acts or behavior that cause another’s an injury because of an individual’s negligence. If such a case happens to you, you can file a tort claim to obtain compensation.
The following article will discuss everything about tort claims, which will help you understand the tort claims and their necessity. So keep reading!
Table of Contents
What is a Tort Claim?
A tort claim is a kind of lawsuit where you can file for compensation for the injuries you had from an accident. This claim usually takes place when the incident occurs because of other’s negligence. Generally, this settlement claim is way more common to an insurance company than any other case.
That is why the chance of getting the highest amount of compensation is also easy. Therefore, a tort claim also considers a compensation claim for any harm or loss. When you file a settlement against someone who accidentally injured you, it is simply known as a tort claim.
Elements of Tort
There are some sorts of elements of the tort claim. These elements are in the following;
- Causation (The cause of that accident)
- Injuries (The bodily injuries that you suffer)
- Duty (The duty of care of individual)
- Breach (Failure to a duty of care)
In a nutshell, to claim in a tort lawsuit, you must be fulfilling some standard. If any elements from these four are present in an incident, you can file for a tort claim. The court will always examine your case based on these elements.
Read Also: Should You File a Personal Injury Claim or Lawsuit?
Tort Claim Settlement
After filling out a tort claim, you may deserve some kind of compensation for the loss and harm that you had in the accident. In other words, a tort claim is basically a claim for the injuries that you suffered. A tort claim is always a good option for you to obtain a good amount of settlement.
Because a tort claim tries to provide real compensation for the pain and suffering that you had, in some cases, insurance claims are quite limited, and they always try to pay as little compensation as possible. But in a tort claim, the chance of getting a good balance is so common.
The compensation for your injuries and loss can be several and it depends on some sort of factors. Sometimes, it can be physical, and sometimes It also can be mental. In such a case, where your loss is really hard to determine, you may need to hire a lawyer to determine the value of your damages.
Here are some examples of losses for which you can claim the compensation,
- Mental traumas
- Pain and suffering
- Loss of wages or earrings
- Loss of time
- Future hospitalization cost
- Present medical expenses or costs
- Other expenses
Types of Tort Cases
For understanding the tort claim, it is so important to understand the types of tort cases. There are various types of personal injury cases that fall under a tort claim. Those personal injury cases show how tort claim works in a real accident. So below are given some common types of tort cases,
Auto Accident
This is a common type of accident among all when a car driver drives his car in the stop sign or zebra crossing and accidentally hits an individual.
Slip and Fall
When you slip and fall on a sidewalk or stairs and as a result, it causes you some kinds of injuries. Sometimes, it can happen on public premises also on private premises. Need support, know more here.
Car Door Accident
While cycling or walking, if someone suddenly opens the car door, then it can cause an immediate accident. And this is called a car door accident.
Brain Injury
This injury can be caused in several ways. For example, when something falls from a construction building in your head, then it can cause serious brain injury.
Dog Bite
This incident can happen anytime and anywhere when a dog bites you because of the negligence of the pet owner. Then you can file for a tort claim.
Know More: Unintentional Tort Claims: Understanding Alberta Law
Tort Claim Process
In order to file for a tort claim, you may need to follow a certain legal process. Understanding these certain processes is very important. Because if you fail to maintain the claim process, then the consequences of the case can end up with failure.
The claiming process also helps to determine the value of your loss and damages. Every tort claim may involve the following process;
1. Collecting the Evidence
This is the very first step and a very important step among all. You must need to gather all the necessary information and evidence to support your claim. Without evidence, no one can prove that you were the victim of that case. If you can collect some eye witness of your incident, it will also help you as evidence.
Before claiming for the settlement, try to gather as much evidence as you can. This process can be ongoing. Because if you have a professional lawyer to help you, they will sometimes need some evidence to support your case.
2. Initiate The Case with The Necessary Document
You need to initiate your case officially first. For filling the case, you may need some necessary documents and paperwork. After being done with this document, the lawyer of both sides will decide how the case will proceed. The lawyer will additionally inform you if you need to provide any extra information.
In some cases, you must provide information like your financial information, medical documents, doctor’s reports, and other information. When your case initiates, the lawyer may review the application and will give you an idea of how the case will proceed.
3. Medical Reports
In the tort claim case, medical reports play a very significant role because the whole claim depends on the doctors or medical reports. Not only these, when you will need to prove that you are the victim, but medical evidence will also support your case. That is why it is very important to gather all the medical reports and documents.
4. Settlement Process
When you are done with all these above steps, you will go for the settlement process. The court is the one who will decide the settlement amount and everything. In some cases, before making the final decision, the court will suggest going on a trial. But in some cases like auto accident cases, the court will make the decision immediately.
If your case involves any kind of major injuries or long-term injuries, then the court may take time and will suggest you go on a trial. Again if you are unhappy and unsatisfied with the court decision, you can apply for an appeal through your personal injury lawyer.
What Differentiates a Tort from a Crime?
When comparing a tort to a crime, it is important to remember that a tort is a civil law action and does not include criminal law. The purpose of a tort claim is to compensate the victim of negligence rather than to hold the negligent party responsible.
An occurrence, however, can be both tortious and criminal. For instance, the police will conduct a criminal investigation into a car accident where the at-fault driver was under the influence of alcohol or drugs, whereas the victim is allowed to file a civil claim known as a tort claim.
Torts may be committed either intentionally or unintentionally. An intentional tort is when someone intentionally causes harm to another person. In addition, an intentional tort might result in criminal charges. So, it’s not always crime versus tort; sometimes they work together. Personal injury claims are typically unintentional torts. Unintentional harm is done to the victim in medical negligence, slip-and-fall accidents, and motor vehicle collisions.
Intentional Torts vs Unintentional Torts
When an individual’s negligence causes some kind of injury, you are considered as an unintentional tort. But if the action was intentional, then it will consider as a criminal act or international tort. A tort claim can be either accidental or intentional.
Unintentional torts may include slip and fall cases, medical malpractice, and so on. If an incident is unintentional, then the settlement process would be easier. But if the evidence proves that the tort was an intentional and criminal act, then the court will penalize the guilt for a criminal offense.
The Bottom Line
If you have suffered an injury from an accident, you may file for a tort claim. A tort claim is much easier and simple than any other option. If you want to have a good amount of compensation for your pain and suffering, then a tort claim is a very good option for you.
If you find any difficulties in the entire process, you may seek professional help. You can contact your nearby law firm or also can explore them on the internet. A professional helping hand will definitely assist you a lot in court. So hopefully, this writing helped you to understand everything about the tort claim.
