After an accident, you typically file a claim with your insurance company. But did you know that a personal injury attorney can also help you file a tort claim?
That’s right. Most personal injury cases are under tort law, which involves someone acting carelessly or failing to act as they should. In such cases, you have the right to pursue legal action and seek compensation.
So, how does this process work?
Key Takeaways:
- A tort happens when one party causes harm or loss to another. It can involve physical or emotional injuries, financial losses, or property damage.
- Negligence, the most common tort claim, is when one party fails to meet their legal duty of care, like when drivers don’t follow traffic laws and endanger others.
- Compensatory damages are the most common type of compensation, where the court gives you money to cover your losses.
What is a Tort Claim?
Occurs when one party commits a civil wrong that causes harm or loss to another party. Tort claims can involve physical or emotional injuries, financial losses, or property damage.
It’s common for a victim to notify the other party of a potential tort claim before filing a formal complaint. This notice includes:
- A description of the incident or cause of action
- The legal grounds for liability
- A demand for damages
If the notice doesn’t lead to a settlement, you can file a formal complaint. If that still doesn’t result in a settlement, hire a personal injury lawyer to file a lawsuit.
Who is Qualified for a Tort Personal Injury Claim?
Intentional Injuries or Harm
Actions taken to harm another person or intentionally interfere with their rights to bodily safety, emotional well-being, privacy, control over property, freedom from deception, or freedom from confinement.
Examples of intentional torts include assault, battery, invasion of privacy, theft, property damage, fraud, and trespassing.
The key factor in proving an intentional tort is intent.
The injured party, known as the Plaintiff, must demonstrate that the other party, the Respondent or Defendant, acted deliberately and knew their actions could cause harm. In some cases, Plaintiff may only need to show that Defendant should have known their actions could cause harm. Many intentional torts can also be prosecuted as criminal offences.
Negligence
Forms the foundation of most tort claims and occurs when one party fails to uphold a legal duty of care owed to another. For instance, all drivers are responsible for following traffic laws and driving safely.
If a motorist causes a motor vehicle accident by violating this duty—such as texting, speeding, or engaging in another dangerous behaviour—anyone injured or harmed can file a negligence claim against that driver.
Liability
Holding a defendant, a manufacturer, responsible for harm without the need to prove negligence or intent to cause injury. Strict liability regulates activities that are deemed essential and beneficial to society but carry an unusually high risk of harm to the public.
Examples of such activities include transporting and storing hazardous materials, blasting, and keeping wild animals in captivity. The threat of civil lawsuits under strict liability encourages people or companies engaged in these dangerous activities to take all necessary precautions to protect the public.
What Damages Can You Seek?
Three types of damages you can seek in a tort claim: compensatory damages, punitive damages, and emotional distress damages.
Insurance claims tend to be more limited, whereas a tort claim allows the injured parties to pursue compensation for both their actual losses and the suffering they’ve experienced.
- Compensatory damages are the most common form of compensation in a tort claim. This is when the court awards you money to cover your losses.
- Punitive damages punish the defendant for their actions. These are for cases of gross negligence or intentional misconduct that result in serious harm.
- Emotional distress damages compensate for the mental anguish caused by the defendant’s actions.
Personal injury lawyers can determine the exact personal injury claims or compensation you deserve.
What’s The Difference Between Tort and Benefits?
- A Benefit Claim is what you get from your insurance company, particularly if you have been in a car accident.
- A Tort Claim is where you sue the driver(s) and parties responsible for the accident.
While you can pursue both claims, many people are unsure of the differences between them. To make the best use of your time and guarantee you receive the most important benefits, get yourself a lawyer with years of personal injury litigation.
Sample of Tort Cases
Grimshaw v. Ford Motor Company
The Grimshaw tort case impacted how car manufacturers prioritize vehicle safety.
Before this case, vehicle safety features were not considered a top priority. When Ford introduced the Pinto, they knew the car was unsafe even before it reached the market.
During testing, the Pinto’s gas tank ruptured every time the car’s speed exceeded 25 mph. Ford conducted a cost-benefit analysis and found that fixing the issue would only cost $1-$8 per car. However, the company decided it would be cheaper to pay settlements to people injured in accidents rather than fixing the car’s design flaw.
This decision led to hundreds of deaths in fiery accidents.
The Grimshaw case involved two victims, one of whom died. Lily Gray was driving a Ford Pinto when another car rear-ended her at 30 mph. The gas tank ruptured, causing a deadly fire, and Gray died. Her 13-year-old passenger, Richard Grimshaw, survived but was left with permanent disfigurements.
Both families filed a civil lawsuit against Ford. The jury awarded $2.5 million to Grimshaw, $559,000 to Gray’s estate, and $125 million in punitive damages.
Ford appealed the decision, so the judge reduced it to $3.5 million.
MacNeil v. Bryan et al., [2009] O.J. No. 2344 – C$18.4 million
In August 2009, 16-year-old Trevor Bryan ran a stop sign while driving. The car crashed into a ditch. Katherine-Paige MacNeil, then 15, was a passenger in Bryan’s car. She was the only one wearing a seatbelt at the time of the accident.
The crash resulted in severe injuries for MacNeil, including the loss of part of her frontal lobe and significant brain hemorrhaging. She’s left with permanent brain damage, several lumbar spine fractures, and other orthopedic injuries.
Following the trial, the Ontario Superior Court determined that MacNeil could not work in any capacity and would require constant supervision. This led to an award of C$18.4 million in damages, which covered the cost of a rehabilitation support worker, future care needs, and management fees.
Sidhu Personal Injury Lawyers in Tort Claims
Need professionals who have experience in tort cases? The personal injury law firm Sidhu Personal Injury Lawyers Calgary handles motor vehicle accidents, product liability, slip and fall, wrongful death, and more. You can get a free consultation if you experience serious injuries and seek the rightful compensation you deserve.
Frequently Asked Questions
What types of claims can a family pursue in the event of a wrongful death?
Economic and non-economic damages.
Economic damages may include costs such as loss of income, funeral expenses, and loss of services the deceased would have provided. Non-economic damages cover the loss of companionship, emotional support, and guidance. In some cases, jurisdictions may also award punitive damages if the defendant’s actions were particularly reckless, such as in cases involving drunk driving or severe medical negligence.
What are the different types of claims that can be made in a product liability case?
These claims can stem from negligence, strict liability, or breach of warranty.
In negligence cases, plaintiffs must prove that the manufacturer did not exercise reasonable care in design, production, or inspection, which led to a defect causing harm. Expert testimony is required to establish industry standards.
Strict liability, on the other hand, holds manufacturers accountable if a product is unreasonably dangerous when used as intended, regardless of the precautions taken during production.
What damages can you receive in a car accident claim?
Motor vehicle accident claims include both economic losses, such as health bills, property damage, and lost income, as well as emotional distress.
Determining damages involves expert testimony to estimate future medical needs or evaluate how injuries affect one’s quality of life. In certain jurisdictions, limits on non-economic damages can impact case strategies and settlement negotiations.
