Inside the Canadian Law of Torts: Essential Information For Your Case
When someone does you an injustice, it’s time to hold them responsible.
But filing a tort claim in Ontario can be tricky when you don’t really understand much about tort law. That’s why we’re here to clear the air.
It’s important to understand how tort law works because your personal injury claim falls under this branch of the law. The more you know about how the law works, the better the results of your case are going to be.
Here’s everything you need to know about filing a tort claim in Ontario. You can never predict an accident, but you can be prepared for one.
Let’s Start From The Beginning: What is Tort Law?
Canadian Tort Law is a branch of private law that governs personal injury claims and settlements. It comes from the latin word “tortum,” which means “wrong injustice.”
Tort law exists so victims can hold others liable when they cause damage to their property or person. However, it’s based more on compensating the victim as opposed to punishing the wrongdoers.
In a tort claim, you can hold someone accountable for property damage as well as physical damage. This includes trespassing.
The person who is held guilty in a tort claim is called the tortfeasor.
When you get a tort claim settlement, you will be awarded financial compensation to cover financial losses, pain and suffering, and other types of damage you’ve suffered.
Common Tort Claim Examples
There are 2 types of tort claims in Canada: intentional and unintentional.
Intentional tort claims happen when someone does harm to you on purpose. Even if they don’t intend to hurt you as much as they did, it’s still negligence.
Some intentional tort claims are serious enough to be charged criminally since they are aggravated and can cause significant damage to you or your property.
Here are some examples of intentional tort claims:
- Assault or battery
- Sexual harassment or assault
Unintentional tort claims happen when someone is negligent. If you’re hurt because someone else was careless and didn’t uphold the duty of care they owe to you, this would be the claim.
Here are some common examples of unintentional tort claims. There are many other personal injuries that also fall under this category.
- Slip and falls
- Car accidents
- Product liability claims
- Premises liability
- Accidents at work
Tort Liability and the Law: How Negligence is Determined
When someone is negligent and causes you harm, the court will determine to what degree they are liable for your injuries.
To hold someone negligent, you have to be able to prove 3 things.
- A duty of care existed between you and the defendant.
- The defendant didn’t meet that duty of care.
- Damages, or your injury, occurred as a result.
If each of these conditions are met, you have a negligence case. However, it’s your responsibility to make sure you have enough proof to show that the plaintiff is guilty of negligence.
Gross negligence is charged when the plaintiff shows significant disregard for the consequences and ordinary care is not taken, resulting in serious injury or death. This usually results in criminal charges.
What You Need to Know About Filing a Tort Claim in Ontario
Here are some essential tips you should know when you’re getting ready to file your tort claim.
Different types of personal injury situations require varying specifications to prove that the plaintiff is at fault. For example, it’s harder to prove negligence in a medical malpractice case than it is in a rear end collision.
Most of the time you’ll be able to seek compensation for the following things:
- Pain and suffering
- Loss of enjoyment of life
- Lost wages from missed work, both now and in the future
- Medical bills and treatment costs
If the victim has died, the family of the deceased can file a wrongful death claim to sue the plaintiff for loss of companionship, loss of care, funeral expenses, and/or various financial losses.
All of these settlements are determined on a case-by-case basis by the Canadian courts. Your personal injury lawyer will help you figure out what your options are and what you’re entitled to.
How to Get the Most Out of Your Personal Injury Settlement
Right after your accident, you’re going to be in shock. You’ve just experienced a traumatic situation at the hands of someone else that no one should have to deal with.
Hire the best personal injury lawyer. They’ll help you figure out what your options are and the best route to take.
Collect all evidence. You want to keep everything related to your injury. This includes medical reports, police reports, receipts, documents, and bills.
You also need to make sure you take photographs at the scene of the crime. When the accident happens, you’re going to be in complete shock and taking pictures isn’t going to be the first thing on your mind.
However, these photographs are going to be some of your strongest pieces of evidence. They will be essential to proving what the conditions were like at the time of the accident, how the situation happened, and many other significant factors.
Protect your image. Don’t post anything on social media and don’t do anything your injury would limit you from doing.
Don’t forget about the Ontario Statute of Limitations! You have 2 years from the time of the accident to file your claim.
Contact Conte Jaswal for Help Filing a Tort Claim
Conte Jaswal has a team of personal injury lawyers in Toronto and the GTA who are ready to fight for you.
Going up against the big insurance companies is tough. They have resources, money, and a team of lawyers whose job is to take advantage of you. That’s where we step in.
We will advocate on your behalf. All of our team members are highly experienced and not afraid to go up against the big guys to get you what you deserve.
Additionally, we work with top medical experts and professionals in Ontario, who are ready to help your case. With us on your side, you don’t have to worry.
Contact us now to get your free, no-obligation consultation at one of our offices in Whitby and Vaughan.