Everything You Need To Know About The Tort Claim

Personal Injury Attorney
Personal Injury Lawyer

A tort claim is a legal claim that is filed to report negligence, the breach of the duty of care towards another person, or purposefully wronging a person. Furthermore, a person can file a tort claim against the opposite party on the strict liability grounds as well even though the negligence or intention is not a precondition in this case.

The common types of tort actions include wrongful death claims and personal injury claims. Once a tort claim is filed, the opposite party will have to determine whether or not to settle the case out of court. If yes, how much should they provide as the settlement amount? Note that the insurance providers of the defendant will be the opposing party in most cases. If they hesitate to provide proper or fair compensation, the victim can move on with the case and file a lawsuit. Then, the claim will go through litigation processes and trials.

However, this doesn’t mean that every tort claim will end up as a lawsuit. In fact, many studies claim that around 90% of the overall tort claims are settled out of court. After all, litigation can be way time-consuming and expensive than out of court settlements making the latter a better deal for both parties. However, it is recommended to rely on the services of an experienced personal injury lawyer for the out of court settlement processes as well so that you do not end up with a lowball offer.

Factors Accident Victims Must Know About Tort Claim

In simple words, a tort claim is filed when a person or party commits any civil wrong that results in injuries or any other damages to another party. A tort claim can be associated with different types of damages including physical, psychological, property, financial, etc. As mentioned earlier, the time required as well as the expenses for litigations and trials will be relatively more. So, it is not so uncommon for the personal injury victims to file a tort claim before filing a formal complaint or civil lawsuit. Note that a tort notice usually includes the following details.

  • Documentation of the cause of the incident
  • Legal points to justify the liability
  • A demand for compensation to cover their damages

If the tort claim does not end up in out of court settlement, the next step is to consult a personal injury attorney and file a civil lawsuit against the opposite party. On a related note, the factors that affect the likelihood of reaching the out of court settlement include;

  • The settlement amount demanded is substantial or fair
  • A police report that favors the version of the victim
  • Documentation of the accident scene
  • Valid evidence
  • Credible medical reports

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