What is a Tort Claim? Learn about Tort Claim Process
Nothing could be crueler than the pain and suffering caused by someone else’s wrongdoing or negligence. You must agree with us if you have been involved in an accident. No one wants this to happen, but it is not in our hands.
Luckily, there are Tort claim laws to change your misfortune. The tort law allows the victim to recover the damages from the person who is responsible for it.
Before you pursue a tort claim, you should be clear about the whole concept. Here we’ll break down everything about tort claims. Or you can contact a highly expert professional lawyer Today. Let’s get started.
What is a Tort Claim?
In legal language, “tort” is an older word used in personal injury cases. It denotes the wrongful acts that result in serious injury to another person. According to the law, the tort is a civil wrongful act. So the cure for such acts comes in the form of financial compensation.
However, a “tort claim” is a lawsuit filed by the victim against another legally responsible person. The victim claim compensation for the physical, emotional, or financial damages that happened due to the accident.
If the victim can prove that the act happened due to negligence, the victim can get compensation. The court decides whether the person is legally liable for an injury. Moreover, tort claim is an essential part of Canadian Civil law.
Tort law in Canada is not a criminal law, rather a civil law. So, the victim cannot ask for punishment from the person who caused it. A tort can happen anywhere at any time. It has an extended effect on everyone regardless of gender, age, and profession.
Elements of a Tort Claim
Torts are consist of four elements. All of the following four elements must be adequately placed to win and receive financial compensation from an injury.
- Duty of care
- Breach of duty care
Let’s say a slip and fall accident happened on the sidewalk of retail sites. The sidewalk was filled with ice and snow. In terms of this example, let’s explain all these elements.
- Duty of Care: All of us have to take the necessary steps to prevent injuries to others. Thus, the retail owner must keep the sidewalk clear of ice and snow.
- Breach of Duty Care: Defendant must have failed in his duty to prevent the accident from occurring. The retail owner failed to keep the sidewalk clear. Despite knowing that customers will walk on the icy surface, he kept the sidewalk unsalted.
- Causation: An injury happened due to the negligence of the defendant. You slip and fall on the unsalted and unclear sidewalk. Therefore, an accident occurred, and the victim was injured.
- Injury: The defendant’s negligible act leads to an injury. However, the victim has fractured his arm after falling on the sidewalk.
Tort Claim Process
A tort is committed by a party who does a civil wrong, resulting in injury to the other party. While other types of compensation after an accident is upfront, the tort claim process is somewhat confusing.
Although the process is complicated, every tort law includes the following steps.
Step 1: Gather evidence.
Evidence is vital in any personal injury cases, and tor claim process is no exception. You must have evidence to support your tort claim. The evidence includes police reports, witness statements, etc.
If you hire a personal injury lawyer, the lawyer will gather the necessary evidence. The lawyer will make sure all the evidence is in hand to support your claim.
Step 2: Start the case and continue gathering documentation
Until you file a statement of claim tort and sent it to the liable person, the case will not officially start. When these documents are filed, both parties will discuss how to proceed. They can request documentation from another party.
The documents include medical reports, financial documents, and other papers. Thus, the lawyer will be able to understand the case better. As the case proceeds, the lawyer will review the applicable laws. The lawyer can tell how long it may take or the expected settlement amount for the case.
What is the Statement of Claim Tort?
Tort claims denote physical or psychological injuries and financial losses. Before a tort claim is officially filled, the victim can state the tort claim to another party.
If you want to file a claim, you must try to give your case the best chance of being settled. The statement generally includes;
- A description of the reason behind the act
- The legal basis that explains liability
- Demand for compensation
If your notice fails to settle, you can officially file an official complaint.
Step 3: Questioning the plaintiff and the defendant
Once all the evidence is gathered, both lawyers question the documents presented to support their cases. Both defendant and plaintiff will be asked to take an oath before questioning. It is the lawyer’s responsibility to make sure the questions are fair.
Step 4: Medical Test
The victim may be asked to undergo one or more medical exams by a physician. The medical exam output will be added to the evidence. Moreover, the lawyer will use it as evidence to support the case.
Step 5: The settlement process
Before the judge makes a final decision, one lawyer may suggest a settlement. In case of a motor vehicle accident, the case is likely to be settled out of court. Sometimes, the process of settlement may take several years. The lawyer will tell whether the victim should settle or proceed to go to trial.
How to Write a Tort Claim?
First thing first, you must contact the clerk of the local governing body to know the proper procedure. Here we give you an idea about what an ICBC tort claim contains.
- Your name and address
- Address where you want the notice to be sent
- The place, date, and other statuses of the event which caused the injury
- A brief description of the injury
- The name of the person who caused the injury
If you find all these confusing, you can contact a lawyer to work on your behalf. The lawyer can do the necessary things to support your case.
How Long Does It Take to Settle a Tort Claim?
The settlement of a tort claim may take anywhere from a few months to several years. Most tort claim settlement takes around one to two years. It is impossible to assume the exact time duration. However, the time depends on the number of parties responsible for the injury.
The main purpose of a tort claim is straightforward. But, the tort claim settlement can be confusing as you don’t know the amount to claim. Hence, it is better to contact a professional lawyer as soon as possible. The lawyer will help you file and pursue a tort claim that will maximize your compensation.