What is a Tort Claim and How Do I Pursue a Tort Claim

Jan 12, 2017

A tort claim is filed when an injured victim seeks compensation for personal or financial injury from the person who injured them. The injuries can be physical, emotional, psychological or even financial. “Tort” comes from the Latin word for wrong or injustice.

What is a Tort Claim

There are many types of torts, both intentional and unintentional. The most common type of torts are car accidents, medical malpractice and claims based on the negligence of a specific person or entity.

A claim in Tort is generally focussed on obtaining financial compensation for damage or injury caused by the person who committed the “tortious” or wrong act, who is referred to as the “tortfeasor”. If the tortfeasor is found to be at fault for the injury, the tortfeasor is expected to pay the financial compensation personally, though some injuries or damages will be covered by the insurance of the at fault party. This payment is intended to also act as a deterrent to those who commit tortious acts, though would not typically be described as a “punishment” in the context of a criminal matter.

Tort Claim Process

The person making a tort claim in a law suit is known as the plaintiff; the tortfeasor is known as the defendant. In order to receive compensation, the plaintiff must prove that the defendant in some way caused the injury or damages suffered by the plaintiff.

If you are thinking of filing a tort claim, you should speak with a litigation lawyer who specialises in personal injury, civil or commercial litigation, depending on your injury. He or she can help you decide if you should proceed with a tort claim and also ensure that your claim is legally filed and pursued.

Your lawyer will likely give written notice to the defendant of your intention to pursue a tort claim. Next, in the case of a car accident, your lawyer will help you fill out accident benefit claims forms and ensure they are properly submitted to the insurer and/or defendant’s lawyer.

Finally, a lawyer will officially file a tort claim lawsuit on your behalf. After this, there are many options for tort claims: most are settled before reaching a trial, and can be decided in arbitration or mediation, if that is agreeable to all parties.

Personal Injury Law and Tort Claims 

Tort claims can take a long time and are based on a complex series of case law and legislation. However, if you’ve been injured, it is important you pursue a claim in order to receive the compensation you deserve for your injuries, including pain and suffering, loss of income and any other economic losses or damages that you may have suffered as a result of the defendant’s actions.

If you’re thinking of filing a tort claim, or have been the victim of an injury caused by another individual, contact the experienced Personal Injury, Civil Litigation or Commercial Litigation lawyers at Chown Cairns law firm.