Basic Facts About Tort Claims

Someone that has been injured in an accident could get forced to deal with real financial problems. His or her body may have sustained an injury. Meanwhile, that injured victim’s property may have been damaged. The legal system provides such victims with a way to recover their losses.

The means provided by the legal system allows for the filing of a tort claim. That is a way to seek compensation for damages, after being harmed by the occurrence of an accident. Personal Injury Lawyer in Waterloo knows that the tort claim’s existence should be viewed as tool for aiding the victim. It was not created with an eye to punishing the defendant.

Who is the defendant?

Any defendant in a personal injury case has committed some type of offense. That offense has caused harm to another person. The exact nature of the defendant’s offense allows a judge to classify the resulting tort.

What are the 2 types of tort?

One is intentional tort. That phrase refers to an offense that was carried out on-purpose. In other words, the defendant harmed the plaintiff purposefully. The defendant gave some degree of forethought to commission of the intentional act.

The second type is unintentional tort. That phrase refers to an act of negligence. That means that the defendant acted in a careless and neglectful manner, one that caused the injury suffered by the plaintiff. The defendant’s careless and neglectful acts got carried out in the absence of hope for expected and intentional consequences.

The suggested timeline for a tort claim:

Such a claim should be filed at a point close to the date of the injury-causing event. Yet before that claim has been filed, the plaintiff’s lawyer should have taken the time to seek some medical advice. Legal experts advise against trying to settle a personal injury claim before all the relevant medical advice has been collected and examined. That advice should be acknowledged by both the lawyer for the plaintiff and the attorney for the defendant.

Both sides have the ability to consult with a medical expert. Both sides should take advantage of that opportunity. A baseless allegation, one that lacks the backing of an expert might get labelled as unverifiable evidence. The jury would have little reason to consider such evidence.

Consequently, the judge and jury would not include the unverifiable evidence in the pool of materials that should be considered, before reaching a verdict. The attempt to overlook the guidance from medical experts would come to naught. All because an attorney used too much haste, when seeking to challenge the claims made by the opposing party. Those speculations underscore the importance of the tort claim’s timeline. The client’s lawyer must seek some medical advice, before responding to any allegations.