Civil Tort Claim Process in Ontario | Tort Lawyers Toronto
There are very few things crueller than the pain and suffering of someone else's wrongful or negligent act. Nobody deserves it. However, we don't get to choose our misfortunes, do we? However, thanks to the Tort law, you get to recover your damages from the person(s) who caused the injury.
Before we get to the tort filing and tort claims in Ontario, let’s clear what the tort claim actually is.
What is a Tort Claim?
A tort is a wrongful act or the failure to act resulting in injury to another person. If the injured party can prove the act or omission was the result of negligence, courts can award compensation in an effort to make the victim whole again. Therefore, we can say that a Tort claim is the claim of compensation for pain and suffering caused due to someone else’s wrongful act.
The word “tort” has been derived from the Latin word “tortum,” which translates to “wrong or injustice.”
Tort claim—an integral part of the Canadian civil law—intends to compensate the person who has suffered an injury. As it is a civil law, not a criminal law, it doesn’t seek to punish the person(s) who caused the damage. Commonly, Tort claims are filed for:
- Car and truck accidents
- Defective products
- Premises liability, such as slip and fall, dog bites and failure to provide security
- Professional malpractice
- Medical malpractice
In recent years, the Canadian tort claims act has had upgrades to keep up with the times. It has played a significant role in some of the cases in recent years.
Types of Tort Claims in Ontario
When it comes to Tort claims in Ontario, they’re categorized into two main types on the basis of the intent behind them. Tort claims that have a sense of intention behind them, while unintentional tort claims don’t. Let’s see each of them in brief.
Intentional Tort Claims
A tort is called an "intentional tort" when the tortfeasor does harm on purpose. Due to the element of intent behind them, intentional torts are considered to be more severe in nature and under some circumstances, the defendant can also be charged under the Canadian Criminal Code.
The most common examples of intentional torts include battery, fraud, sexual harassment, vandalism, and defamation.
Unintentional Tort Claims
On the other hand, unintentional torts occur out of someone’s sheer negligence. We’re all required to follow certain principals, duties and standards that ensure the safety of others. However, we harm others when we don't follow them. Car accidents are the most common example of unintentional tort claims. Other typical examples of accidental tort claims include slip and fall accidents, car and truck accidents, work accidents, product liability claims, dog bites, and medical malpractice.
Settling Tort Claim in Ontario
Before you go to sue the tortfeasor, first you must be knowing the exact and full length of all the pain and suffering you have endured; and how it's going to affect you in future. You can sue the tortfeasor for many things that include medical bills, car damages, lost wages, permanent disability, psychological pain, etc.
A thing you need to keep in mind is that you have two years to file your claim. Therefore, it’d be foolish to go unprepared.
First, you need to hire the best lawyer who has extensive experience when it comes to personal injury cases. A lawyer can make a world of difference.
Collecting all the evidence is of paramount significance and plays a great deal of role in determining the outcome of the case. Therefore, you should keep every single detail related to your case. Collect all documents, bills, receipts, records and files before you go ahead.
Another thing that could prove to be significant is pictures. You should take as many photos as you can at the scene of the crime. Sometimes, a single photo can tell a story that nothing else can. So try to take pictures at the crime site if you can.
Contact Tort Claim Lawyers in Ontario, For FREE!
The first thing you should do right after you’ve taken care of your in injury is contacting a good tort claim lawyer and tell him/her every single detail. This is the best thing you could do to improve your chances of recovering compensation. And you don't need to look much further than the award-winning injury lawyers of Diamond & Diamond are here to fight for you.
Contacting and getting help from dedicated personal injury lawyers working at Diamond & Diamond is easier than ever. You can contact 1-800-567-HURT (4878) or use our CASE EVALUATION TOOL to schedule a FREE consultation. We operate in Ajax and the surrounding area.
Whether you were involved in a car accident, a motorcycle accident, a slip and fall accident, a tailgating accident or any such accident; you have a right to consult with an attorney and to learn more about the next steps to file a case. We work on a contingency fee basis which means that you do not have to pay for our services unless we recover compensation for you. Contact us today for a free consultation and to learn more.