If you’re not familiar with tort law in Ontario Province, filing a claim can be a challenging experience without the help of an experienced lawyer. If you’re planning on filing a personal injury claim or hiring a personal injury lawyer in St. Catharines to handle your case, knowing as much as you can about tort law is extremely important. Although you can never predict or anticipate getting injured in an accident, you can at least be prepared for it, if it should that ever happen.
What is Tort Law?
Tort law provides compensation to individuals who have sustained injuries in an accident or whose property was damaged because of another person’s careless, negligent, or reckless behavior. Basically, it is the cornerstone of the legal system throughout Canada. The word “tort” is derived from the Latin word “tortum” or “wrong injustice.” Tort law ensures that an injury victim can hold another person liable for any physical and property damage that results from an accident.
In Canada, the individual who is found guilty in a personal injury case or tort claim is referred to as the “tortfeasor.” When your tort case is settled, you will most likely be awarded compensation from the defendant. This will help you recover any financial losses that arose as well as your pain and suffering along with whatever damages you suffered as a result of the accident.
Examples of Intentional and Unintentional Torts
In Canada, there are two forms of tort claims – intentional and unintentional. When someone deliberately causes you physical harm, this is known as an intentional tort. Even though it may not have been their intention to hurt you that severely, they can still be found guilty of negligence. Examples of Intentional tort claims include assault and battery, defamation of character, fraud, sexual assault or harassment, and vandalism.
Conversely, if you sustain injuries because another person was negligent and didn’t uphold the “duty of care”, you would file a claim for an unintentional tort. Examples of personal injury and unintentional tort claims include auto accidents, defective product liability, premises liability, slip and fall accidents, and work accidents. In either case, you should talk to a personal injury lawyer and determine if you have a valid claim.
As they specialize in such cases, they will be the right professionals to assist you with any accident related damages that you need to sue for. From pedestrian accidents to dog bites and catastrophic injury claims, they handle it all. Usually, you are eligible to claim compensation for pain and suffering, loss of wages, medical treatment costs and loss of consortium. In wrongful death cases, funeral costs and other financial losses are covered.