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What is a Tort Claim?

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What is a Tort Claim?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

If you’ve been seriously injured in an accident recently, you’ve probably been hearing a lot about tort claims. What is a tort claim? Simply put, if one person injures another by accident and the victim seeks compensation, this is a tort claim.

Tort claims can only be filed if one party’s actions cause physical, psychological, emotional or financial injury, and the person who committed the wrongful act can be held legally responsible. The event that caused the injury is legally referred to as a “tort.”

If you’re considering filing a tort claim or your lawyer is encouraging you to, it’s important to understand the basics of this type of claim. Below, you’ll learn more about what a tort claim is and how it works.

Types of Tort Claims

Tort law is a large part of the Canadian legal system as injuries caused by others have the potential to affect a huge number of people. Some examples of tort claims include:
• A claim against a landlord who did not fix an unsafe floorboard
• A claim against a driver impaired by alcohol who injured another driver
Medical malpractice cases
• Product liability cases
• Assault and battery

Types of Tort Claims

The purpose of a tort claim is to ensure that victims receive compensation for injuries that affect their lives. And although many people think so, the purpose is not to punish the offending party.

If you experience an injury that results in physical or psychological damage, you could file a tort claim to ensure that you receive a settlement that will cover medical and other accident-related expenses.

If you are the plaintiff, in order to receive compensation for a tort you must prove that the defendant was legally responsible for your injuries, either through direct fault or negligence. Depending on the type of tort, the degrees of fault may vary.

The first type of tort is an intentional tort. This occurs when the defendant has intentionally injured the victim. An unintentional tort occurs when the defendant is negligent or fails to prevent the injury.

Penalties for intentional torts are more severe than those for unintentional torts, so the plaintiff in an intentional tort case may receive a higher settlement. Sexual assault, battery, and sexual harassment are just a few examples of intentional torts. Even if the injury itself was not intended, because the wrongful act was done intentionally, these examples all qualify as intentional torts.

A car accident is an example of an unintentional tort. Even if the driver was not observing the care necessary for the circumstances, they were not trying to intentionally injure the plaintiff.

Tort Claim Settlement

If you are the victim of an accident, you’ll need to obtain professional medical advice regarding your injuries before you can settle the claim. Make sure to ask about the full extent of your injuries, what types of treatment you’ll require, how much treatment will cost, and how your injuries will affect your current and future life. Acquiring detailed information is the only way you can accurately determine how much compensation you’ll require.

It’s also important to know that there is a two-year statute of limitations from the date of your accident for filing a claim. This should give you sufficient time to get a complete medical assessment and begin treatment. Because injuries heal at different paces, lawyers often advise clients to allow themselves sufficient time over those two years to experience the full impact their injury will have on their life.

Now that you know the basics of tort cases, you can feel more comfortable seeking legal advice. If you’ve been injured in an accident, learn more about your rights by booking a free consultation with a tort claims lawyer.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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