Know More About Unintentional Tort Claims

If you have a personal injury claim, it will be classed as an unintentional tort claim. These are most commonly, car accident claims. If you were hurt because of someone else’s mistake, you may be eligible for compensation. A slip and fall accident could happen anywhere. It could happen for several different reasons and that is why it is important that you discuss your case with a personal injury lawyer in Richmond Hill.

Negligence happens when someone does not do property maintenance and it causes you to fall and become injured.Maybe your employer did not maintain health or safety codes at work which causes accidents in the workplace. There are also premises liabilities, which is being hurt in someone’s home. If you are hurt on someone’s property where they could have prevented a safety hazard, then they have been negligent.

Other types of unintentional torts are:

There are a variety of unintentional torts which include, medical malpractice, product liability claims, accidents at the gym, motorcycle accidents, cruise ship accidents, commercial host and social host liability and car accidents.

When Someone is Negligent

You must prove the other party is negligent and the actions they performed caused your injuries when you go to court. This is burden of proof and falls on you.In order to prove someone’s negligence, there are three factors to consider. There will be duty of care, which is simply proving the defendant did not look out for your best interests. On their property, it was their duty to remove hazards so you would not be harmed, and they owe you the duty of care.

Next will be standard of care, you must prove the defendant did not provide the standard of care as someone else would have in the same situation. This is different for everyone to determine how much care the person owes you. The final two things to prove will be cause-in-fact. This proof will determine that the other person’s actions caused your injury. Evidence will be key in determining fault.

Steps to File an Unintentional Tort Claim

The first thing you should always do, is to get as many photos as possible of the accident. This is evidence to use in court. This is also the best ideas to use with any other documents you have to deal with after the accident. You can seek compensation for damages such as:

● Pain and suffering
● Income you have lost from missing work
● Future income lost from being unable to work
● Caregiver expenses
● Medical expenses such as treatment, rehabilitation and medications

It becomes important to talk with your lawyer to discuss the case and judge its merits, based on the accident and related injuries.

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