How To File A Tort Claim

The filing process provides victims of a tort offense with the chance for getting compensated for both property damage and bodily injuries.

There are 2 types of tort claims

Intentional: Those that are done on purpose

Unintentional: Claim made against someone that had caused harm by exhibiting negligence.
The proof of negligence must be achieved by proving the existence of essential elements. The injury lawyer in Cambridge stresses that the proof that defendant had a duty of care towards the plaintiff and will need to prove that the defendant breached that duty of care. They will need evidence of damages that the plaintiff has suffered, as a result of the defendant’s breach. The court would refuse to file any claim from a potential plaintiff, if he/she had failed to present proof for the existence of all 3 of the essential elements.

How to achieve the best results, once the tort claim has been filed?

First hire a lawyer as they understand how to go about filing a tort claim. Then they will need to gather a large amount of evidence, such as:

—Take lots of photographs
—Search for useful video clips
—Get the names and contact information from any witnesses at the scene
—Revisit the scene, and search for additional evidence and witnesses; photograph any piece of evidence that cannot be removed from the same site.
—Save all medical bills

Avoid posting any pictures or statements on social media networks

What to keep in mind when collecting evidence?

Plaintiffs that have managed to gather a large amount of evidence have a greater chance for winning an unintentional tort claim. Their win does not result from their lawyer’s ability to demonstrate the defendant’s guilt beyond a shadow of a doubt.

A court case that has followed the filing of a tort claim gets tried in a civil court, and not a criminal court. Hence, the plaintiff must prove his or her allegations by presenting a preponderance of the evidence.

In addition to collecting those items that could support the plaintiff’s claim, a good personal injury lawyer should also warn any client against the danger of posting some picture or statement on a social media network. It could provide the other side with a means for challenging the plaintiff’s allegations.

In other words, that posted statement or picture could get into the hands of the lawyers on the defendant’s team. Once it got into their hands, it might become an item that was presented to the jury, in order to challenge the plaintiff’s evidence.

In that way, the defense team could weaken the claims that had come from the opposition (the plaintiff). The weakened claims could cause members of the jury to question the reliability of some story that had been made by a witness. That could be a story that had indicated the significance of the evidentiary material.