What is a Tort Claim and What to Expect

June 22, 2023
Gosai Law

If you’ve suffered a personal injury due to someone else’s negligence, you may be entitled to compensation through a tort claim. Unlike Accident Benefits, which are available to anyone who is injured in an accident, Tort claims are a way for injured individuals who are not at fault to hold the responsible party accountable for their actions or negligence.

What is a Tort Claim?

In personal injury law, a tort claim refers to the legal action taken by an injured person (the plaintiff) against the party deemed responsible for causing their injuries (the defendant). The plaintiff seeks financial compensation for the damages they have suffered, which may include medical expenses, lost wages, pain and suffering, and tort-related losses.

Common Types of Tort Claims

In Ontario, there are several types of tort claims that can be filed depending on the circumstances of the case. Some common types of tort claims include:

Negligence: Negligence claims arise when a person fails to exercise reasonable care, resulting in harm or injury to another. This can include situations such as car accidents, slip and falls, or medical malpractice.

Intentional Torts: Intentional torts involve deliberate acts that cause harm to another person. Examples include assault, battery, false imprisonment, or intentional infliction of emotional distress.

Product Liability: Product liability claims involve injuries or damages caused by a defective or dangerous product. This can include defective vehicles, pharmaceutical drugs, or household appliances.

Occupiers’ Liability: Occupiers’ liability claims arise when a person is injured on someone else’s property due to negligence in maintaining a safe environment. This can include slip and falls in public places or accidents on private property.

Defamation: Defamation claims involve false statements that harm a person’s reputation. This can include libel (written defamation) or slander (spoken defamation).

Strict Liability: Strict liability claims involve situations where a person or entity is held responsible for injuries or damages regardless of fault. This typically applies in cases involving dangerous activities or defective products.

Consult with a personal injury lawyer at Gosai Law who can examine the particular details of your case and determine if a tort claim can be pursued.

What To Expect During Your Tort Claim

During the tort claim process, you can expect a comprehensive legal approach aimed at seeking fair compensation for your injuries. We begin by gathering the necessary information, including medical records, accident reports, witness statements, and more to strengthen your case. Once we understand your case fully, we begin negotiating with opposing counsel or their insurance company to reach a settlement. If a fair settlement cannot be achieved, we guide you through the litigation process, which includes filing crucial legal documents, conducting discovery, and potentially representing you in court.

Throughout any legal proceeding, we provide you with sound legal advice, ensure you know your rights, and advocate on your behalf to ensure your best interests are protected. If you need a reliable legal team for a personal injury matter, contact Gosai Law today for a free consultation at (905) 595-2225 or email anytime us at

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