Among the two types of torts – unintentional and intentional – the former is more common, since accidents tend to happen with more frequency, and a lot of accidents result from a negligent action, or generally negligent behavior. While it is rather impossible to prevent all accidents from happening, it is, fortunately, within our power to learn which steps to take in the aftermath of one. Below, we have put together a guide which sums up the basics of unintentional tort claims so you can be prepared for the future.
Canadian Tort Law
Tort law overlooks all personal injury claims, since it is meant to hold the negligent party accountable for the damages they caused to the plaintiff and their property, while also awarding the plaintiff themselves with damages as means of compensating them for their losses. Furthermore, the purpose of tort law is mostly focused around the idea of compensating the victim, rather than inflicting punishment upon the defendant. However, if a defendant’s actions were overly severe in nature, then the Criminal Code of Canada may also be applied to the case. Though this is far more common in intentional tort cases, rather than in unintentional ones.
Regardless, should this occur in your unintentional tort case, you would find the criminal case to be held separate from your personal tort claim, so you would still get the chance to obtain compensation for your losses.
Basics of Unintentional Torts
If you have gotten injured by the careless or reckless actions of another, then you may be in a position in which you can file an unintentional tort against the negligent party responsible for your pain and suffering. Since everybody owes a duty of care to the rest of society, accidental harm to another caused by negligence can still result in a tort claim. This is because the duty of care was breached, and thus, the plaintiff has a right to sue for compensation.
• Motor vehicle collisions are the most commonly found unintentional tort, since many collisions are caused by a driver’s negligence, which makes the other parties involved eligible for filing a claim for compensation.
• Slip and falls sometimes occur as the result of somebody breach of duty of care, such as neglecting to remove hazards or put up a warning sign. In such cases, you are eligible to sue them for compensation.
However, trying to sue the defendant on your own can be difficult and that is why seeking the professional assistance of a personal injury lawyer in Milton can help you get the right legal aid. They understand the nuances of the claim process and can help you through every step.