There are two types of tort laws in Canada: intentional torts and unintentional torts. Intentional tort is damage someone has done to you or your property on purpose. Unintentional tort refers to damage someone has done to you or your property by accident. Unintentional tort claims are more common especially among personal injury lawyers.
While accidents may not be avoidable, you do have some protection, if you were hurt due to someone’s negligence. If this happens, there are some steps you can take to protect yourself and perhaps even get some financial assistance to deal with any injuries or loss of work as a result of the accident.The main reason behind tort law is to hold a person liable for the injuries that the defendant has they have caused to you or to your property, as well as seek compensation for your losses. Tort law is focused on victim compensation instead of punishing the guilty party. If the actions of the accused are considered especially severe, it’s possible that the defendant will be punished as per the regulations under the Criminal Code of Canada, at a criminal court of law as well as getting tort charges filed against them.
If you’ve filed a tort claim, the criminal case would be differently dealt with and may not have much to do with you. You may not even be the one filing the criminal case. Either way, you are eligible to sue for damages, even if the dependent is being charged under the Canadian criminal code.
More on Unintentional Torts
An unintentional tort is considered due to the negligence. This means that someone has been careless and as a result of their carelessness, you are now experiences pain or suffering of your person or your property. Often this is an accident. Still, the person may be held responsible for the things they did or their actions against you because each one of the citizens is responsible for a duty of care to another person, according to Canadian law. This means that all Canadians have the responsibility to avoid actions that are likely to cause harm to other people.
When an individual retracts from duty of care, the victim is eligible to file for damages. The compensation is not meant to be a punishment. It is meant to help the victim financially recover from consequences of any injury caused by negligence.
Types of Unintentional Tort Claims
There are a variety of unintentional tort claims. Here are a few examples. Each example is an accident, but as you can see, the accident could have been avoided in the accused exercised the proper level of duty of care.
Slip and fall: These types of tort claims are very common since many people do not maintain their properties as they should. Because of this negligence, many a person has fallen and suffered an injury. An example of this type of claim would be if a store owner does not clear the snow property and you slip on the walkway trying to get into the store. The store did not exercise the proper level of duty of care to their customers.
Car accidents: Possibly the most common type of unintentional tort is the car accident claim. It’s self-explanatory. If someone causes a car accident in which you’ve been injured, you may be able to file an unintentional claim.
There are many aspects that only a Personal Injury Lawyer in Burlington can handle properly.