Know About The Characteristics of A Tort Claim

Within Ontario’s legal system, the term “tort” refers to a civil wrong. The defendant in trail that has resulted from a tort claim has not been accused of any crime.

Nature of wrong that gives rise to a tort claim

It has affected someone else’s physical or psychological health.

Types of tort

Intentional: When the defendant knew of should have known the consequences of his or her actions. The legal system places a harsher penalty on someone that has committed one of the intentional torts. Thus, the harsh penalties for DWI and distracted driving.

Negligence: The victim that files this type of claim charges the defendant with performance of an unsafe action. On the other hand, an alternate charge might be considered. For example, if someone had been hurt due to another person’s failure to carry-out an expected rescue, or minor safety measure, then that, too, would be grounds for a negligence claim.

Strict liability: This is a special type of negligence claim. In this situation the victim got harmed because the defendant failed to consider the degree of negligence associated with his or her actions. Once the victim has brought the case to trial, there is no question surrounding the issue of liability. The defendant’s actions have attested to his or her liability.

The purpose of tort claims

Victims come to court with such claims in an effort to get compensated for their losses. The legal system recognizes their right to seek a means for becoming whole again. If a defendant’s have been especially egregious, the victim might decide to try charging the defendant with a crime, instead of just a wrong.

If defendant’s actions were indeed criminal in nature, that fact does not deprive a victim of filing a tort claim. Victims have that legal right, because the law feels that the defendant should be required to pay some form of compensation. In the absence of such compensation, the victim may have no means for becoming whole again.

Who can file a tort claim?

Normally, the victim or their Injury Lawyer in Orillia files such a claim. If, however, the harm done by the defendant proved capable of killing the victim, then a family member can proceed with the claim’s filing. In Ontario, passage of the Family Law Act has allowed families to file a tort claim if a drunk driver plows into a relative’s vehicle and thus kills that loved and innocent driver.