{"id":2634,"date":"2017-01-05T21:48:45","date_gmt":"2017-01-05T21:48:45","guid":{"rendered":"http:\/\/contelawyers.ca\/?p=2634"},"modified":"2017-01-05T21:48:45","modified_gmt":"2017-01-05T21:48:45","slug":"what-is-a-tort-claim-ontario","status":"publish","type":"post","link":"https:\/\/contelawyers.ca\/what-is-a-tort-claim-ontario\/","title":{"rendered":"How to File a Tort Claim\u2026 And Other Useful Information About Tort Law"},"content":{"rendered":"

What is a Tort Claim?<\/h2>\n

Chances are you\u2019ve heard this word before, but you might still be wondering: what is a tort claim<\/strong>?<\/p>\n

It might sound like a funny word, but injuries and accidents are no joke.<\/p>\n

It\u2019s crucial that everyone understands what a tort claim<\/strong> is because you never know when you\u2019ll need to make one. You could be in an accident tomorrow, three days from now, or in a few years.<\/p>\n

When that happens, you need to be prepared to make the right decision to get the compensation you deserve. If you\u2019ve been injured and it was someone else\u2019s fault, you\u2019ll likely file a tort claim.<\/p>\n

Here\u2019s everything you need to know to understand what Canadian tort<\/a> law<\/strong> is and why it\u2019s so important for your personal<\/a> injury claim<\/strong>.<\/p>\n

\"How
Under Canadian Tort Law, anyone who causes you or your property damage is liable.<\/figcaption><\/figure>\n

<\/h3>\n

Canadian Tort Law<\/h3>\n

\u201cTort\u201d means<\/a> \u201ca wrong\u201d in Latin. Tort law is what governs personal injury law in Canada.<\/p>\n

When someone else wrongs you, you deserve justice. And tort law ensures that you get it.<\/p>\n

Under Canadian Tort Law<\/strong>, anyone who causes you or your property damage is liable<\/a>. You are entitled to seek compensation and settlement for these damages.<\/p>\n

It\u2019s a branch of private law<\/strong> under which individuals can hold other parties responsible for injuries or damages. The cases go to a judicial court and generally result in a settlement for the victim to cover various expenses and pain and suffering.<\/p>\n

Canadian Tort Law is more focused on compensation to the victim, and it exists to help you get the settlement<\/a> you\u2019re entitled to.<\/p>\n

 <\/p>\n

Types of Tort Claims<\/h3>\n

In essence, tort claims and personal injury claims fall under the same category. They are all claims brought forward by a victim, the injured party, seeking compensation for their injuries or damages.<\/p>\n

There are two types of tort claims in Canada<\/strong>: intentional and unintentional. Here\u2019s a breakdown of what each of these claims mean and how you can determine which one you need to make.<\/p>\n

 <\/p>\n

\"
There are two types of tort claims in Canada: intentional and unintentional.<\/figcaption><\/figure>\n

 <\/p>\n

Intentional Tort Claims<\/h4>\n

Intentional tort claims<\/strong> are wrongful actions that someone else does to you on purpose. It includes anything from unwanted physical contact to defamation.<\/p>\n

For some cases, the defendant can be charged under the Canadian Criminal Code. That\u2019s because many intentional tort claims can be pretty serious in nature.<\/p>\n

This is especially true when these claims consist of someone intentionally doing you harm, like assault, or vandalizing your property.<\/p>\n

But in many cases, you can seek justice in private law court.<\/p>\n

 <\/p>\n

Unintentional Tort Claims<\/h4>\n

Unintentional tort claims<\/strong> are based on negligence.<\/p>\n

Everyone in this country has a duty of care to one another. This means that we are all required to ensure that someone else\u2019s safety is met to the best of our individual ability.<\/p>\n

When someone does not meet that duty of care to another person, they can be charged for negligence under Canadian tort law.<\/p>\n

There\u2019s also the standard of care to others. When someone doesn\u2019t do something that another, reasonable person would have done, they fail to meet a standard of care.<\/p>\n

 <\/p>\n

\"How
Tort law is what governs personal injury law in Canada.<\/figcaption><\/figure>\n

 <\/p>\n

Tort Claim Examples<\/h3>\n

Intentional tort claim <\/strong>examples consist of harmful acts like assault<\/a>, battery, defamation, or fraud, to name a few. Essentially, it occurs any time someone inflicts intentional harm on you.<\/p>\n

Sexual assault is a common type of intentional tort claim that can result in severe damages to the victim. If you find yourself the victim of unwanted sexual contact, you can file a tort claim against the perpetrator for compensation.<\/p>\n

One example of an unintentional tort claim<\/strong> would be a car accident. No one purposely rear ends someone, but when they do, it\u2019s often because they acted carelessly.<\/p>\n

If you get rear ended and you suffer a serious case of whiplash<\/a>, you can file an unintentional tort claim against the other driver.<\/p>\n

Other types of unintentional tort claims could include product liability claims<\/a> or premises liability<\/a> claims. Most personal injury cases are categorized under this section of the law.<\/p>\n

Both types of tort claims<\/strong> can include property damage claims as well. While these aren\u2019t always dealt with in personal injury law, they are considered tort law. For example, trespassing is considered property law\u00a0as well.<\/p>\n

 <\/p>\n

\"How
Both types of tort claims can include property damage claims as well.<\/figcaption><\/figure>\n

 <\/p>\n

Tort Claim Settlements in Ontario<\/h3>\n

In a tort claim settlement in Ontario<\/strong>, you can sue the other party for many expenses<\/a>, including medical bills, hospital parking costs, lost wages, and an allocated amount for pain and suffering.<\/p>\n

The compensation you get is determined by your specific situation. The judge will assess all of the variables, such as the severity of your injury or the amount of time off work you need. Then, they will decide what you get.<\/p>\n

The most important thing you need to do is act as soon as you\u2019re ready. As soon as the accident happens, you have 2 years for most cases<\/a> to file your claim.<\/p>\n

Here are some other important tips<\/a> for getting the most out of your tort claim:<\/p>\n