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ARTICLE · 22 MAY 2025

What Is A Tort Claim In A Personal Injury Case?

When someone has wronged you, whether purposefully or unintentionally through negligence, tort claims provide a legal mechanism to remedy the situation and get restitution from civil courts.

CanadaLitigation, Mediation & Arbitration

Tort Claims

When someone has wronged you, whether purposefully or unintentionally through negligence, tort claims provide a legal mechanism to remedy the situation and get restitution from civil courts.

Tort law aims to correct a wrong or injustice you have suffered by returning you to the position you were in prior to the wrong or harm caused. Since the damage done, particularly in personal injury cases, can rarely if ever be completely corrected, the courts will use monetary awards as compensation.

Torts are generally decided by statutes, the doctrine of jurisprudence, and common law precedents established in civil courts over many years. While each tort claim is evaluated and judged on its specific facts, evidence, and their own merits, past decisions about similar cases will likely guide or influence the trier of fact as they consider which factors should be used to decide the case.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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