Tort Claim – What Is It And What Should I Know?

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If you’re going through a personal injury and aren’t aware of all of the complicated and confusing lingo involved with it, you’ll want to get a personal injury lawyer in Richmond Hill. Getting a personal injury lawyer is one of the first things you’ll want to do following your injury. No one wants to be trying to navigate the law surrounding their personal injury while trying to rehabilitate at the same time.

One of the terms you’ll want to know about is called tort. Tort refers to when someone else’s negligence resulted in a personal injury. This can come in many different forms. If you’re walking on someone else’s property and there are rusty nails that weren’t cleaned up and you accidentally stepped on one, that would be the negligence of the property owner in not cleaning up an obvious hazard on their property. This would be known as a tort claim. 

After that, you would consult with your personal injury lawyer in Richmond Hill to get the claim for compensation started. Knowing more about a tort claim will help you better understand a little more of the background surrounding personal injury claims.

Tort Claim

If you’re wanting compensation for a personal injury, that is known as a tort claim. A tort claim is compensation that is more than just what your insurance provider would give you. There are a couple of different factors of tort claims:

  • Duty of care
  • Breaching duty of care
  • Causation
  • Injury

It always helps to look at an example when learning about a term, and let’s use a slip and fall injury on a retail store’s property. 

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Duty

In the retail store slip and fall injury, the property owner needs to keep the property clear of any hazards. Hazards on the property would be ice and snow.

Breach

The property owner didn’t address the hazards on the property. They didn’t clear up the ice with salt even though they knew that people would be walking all over the property.

Causation

Your slip and fall injury resulted from you walking on icy property that wasn’t salted.

Injury

You busted your leg because you were walking on the extremely icy property.

All of these factors compile a tort claim. There are a couple of factors that need to be considered, including specific defenses that may be made. Courts will examine a tort claim from a couple of different perspectives. They will analyze if you were able to foresee the damage that could occur from walking through the retail store’s property and if there were other factors that led to it. 

What Things Does A Tort Claim Consist Of?

With a tort claim, you’re going after compensation that will make up for the damage that a personal injury has caused you. Most people that are undergoing a personal injury will be going with the tort claim option. Insurance providers are fairly limited in what they can provide, and they won’t give you compensation for things like:

  • Pain and suffering
  • Loss of income
  • Disruption in your personal life caused by the injury

If you’re filing a tort claim in Ontario, some things that you can claim are:

  • Pain and suffering
  • Income loss both present and into the future
  • Rehab costs
  • Medical costs
  • Not enjoying life anymore because of the personal injury
  • Compensation for caregiving
  • Expenses that come out of your pocket
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Tort claims are useful to keep your standard of living protected. You shouldn’t have to deal with the ongoing pain and suffering that can affect both your body and mind because someone else wasn’t responsible. 

With tort claims, there is a certain amount of non-quantifiable damages that you could be eligible for. If you’re wanting to maximize the amount of compensation you can get, you’ll want to hire a personal injury lawyer in Richmond Hill.

Tort Case Examples

Tort Cases can get fairly complex from one case to the next, and it helps to browse through a few examples so that you have a better idea of what they look like.

Vehicle Accident

You’re walking through a school zone and someone else hits you while driving their vehicle through a stop sign.

Slip/Fall Injuries

You’re walking on someone else’s property and the railing that you’re holding onto begins to break, resulting in you falling and dealing with a personal injury.

Brain Injury

You’re walking on a public sidewalk in the city and a brick falls on your head from a construction worker that is working above.

Bicycle Accident

You’re driving your bike in the city and someone goes to get out of their car and you crash into their door

Quad Accident

You’re driving your quad in a park and the throttle gets stuck because it wasn’t maintained by the dealership properly and you crash at high speeds.

Bitten By A Dog

Someone is walking their dog and they let their dog roam freely. The dog runs up to you and bites you.

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Getting a personal injury lawyer in Richmond Hill is one of the best things that you can do if you’re dealing with that. The team at GSK Personal Injury Law will be able to tell you if you have a case in 15 minutes or less. Many clients choose GSK Personal Injury Law because they don’t have to pay unless the case is won. 

GSK Law has been providing professional assistance to people dealing with a personal injury for over 15 years. No one wants to try navigating a personal injury alone, and hiring a lawyer at GSK Law will have them working alongside you every step of the way. 

Some of the different types of personal injuries that GSK law is specialized in are:

  • Slips and falls
  • Vehicle accidents
  • Long-term disability claims
  • Commercial litigation
  • Brain injuries
  • Spinal injuries

The law surrounding personal injuries can get quite complex, and you’ll always want a personal injury lawyer in Richmond Hill to guide and assist you through your claim.

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