You may have been hearing a lot about tort claims lately having suffered a serious injury. If you are seeking compensation from the party that caused the accident, this is known as a tort claim.
The injury caused to you is legally known as a tort. The person that caused your injuries can be held legally responsible. These injuries are physical, financial, psychological and emotional. It is important to know that tort claim can include:
• Landlords that have not repaired conditions that is unsafe. This is covered under Premise liability claims when the homeowner is careless, negligent and does not maintain safe parameters on the property.
• Impaired driving that causes a driver to injure another driver. This is usually taken into consideration in vehicular accidents
• Cases of medical malpractice.
• Cases involving product liability.
• Types of cases that involve assault and battery.
Types of Tort Claims
There is no intention of punishment toward the offender in a tort claim, only to insure compensation for a victim that suffered lifelong or life-altering injuries. You could seek settlement in a tort claim to cover accident or medical expenses or for an injury that has caused you physical or psychological damages. It is your or the personal injury lawyer in St. Catharines responsibility to prove the other parties direct fault or negligence for your injuries if attempting to receive compensation for a tort.
If you were intentionally injured by the defendant it will be an intentional tort or the defendant failed to prevent injury, it is an intentional tort. More severe penalties are imposed upon the defendant and a higher settlement can be received by the victim for an intentional tort. Examples of intentional torts include sexual harassment, sexual assault or battery. If wrongful act was committed intentionally and injury was not intended, it qualifies the injury as an intentional tort. An example of an unintentional tort is a car accident. The driver, not intending to cause injury, may not have exercised care, therefore, causing an unintentional tort.
Settlement in a Tort Claim
In order to settle a claim, the victim must receive professional, medical advice pertaining to their injuries. Detailed information about injury costs and treatment is important, so you are able to obtain accurate compensation.
There are limitations imposed on filing a claim. Two years is all you have to file from the date of the accident. All injuries are different so two years should be time for total assessment of injuries and begin treatments. The full impact of how your injuries have affected your life should sufficiently be determined in this time frame.