December 27, 2019

Tort Law: Here’s What You Need to Know

Tort Law Guide

Are you hearing the term ‘tort law’ for the first time? Curious to learn what it’s all about? If you know anything about personal injury law, understanding tort law won’t be difficult as it’s a broader law category that includes different types of personal injury claims. This means it revolves around someone injured due to another’s negligence. In addition, the defendant must pay the plaintiff’s medical bills and lost wages, as well as compensate them for their pain and suffering. Of course, there are more important things you should know about tort law which our personal injury lawyers will walk you through in this blog post.

What Is Tort Law?

Tort law deals with the wrongful act of a person causing harm to another, including their property and reputation. This law ensures that the defendant compensates the plaintiff for their injuries. However, the compensation isn’t limited to physical injuries; it also covers emotional, reputational and economic ones. Hence, it makes sure that the defendant is taking legal liability for the plaintiff and compensates them for their damages through court proceedings. It upholds an individual’s personal and constitutional rights.

If you’re wondering how the compensation for torts is claimed, here’s the breakdown:

  • Settlement for property damage or loss
  • Medical bills
  • Reimbursement for pain and suffering
  • Loss of wages
  • Punitive damages

What Are Punitive Damages?

Also known as exemplary damages, this is an amount of money handed over to the plaintiff in a civil lawsuit. This is done with the purpose of punishing the defendant or deterring them from engaging in such acts in the future. Punitive damages increase the plaintiff’s total award money. However, not every plaintiff is entitled to this compensation; judges make this determination. Thus, these damages are only applicable if the judge wishes to make an example of the offender, or if the compensatory damages aren’t enough to penalize the defendant.

What Are the Different Types of Tort Law?

Tort law can be divided into three general categories:

  1. Intentional Torts

This is the most serious tort law. It deals with deliberate acts intended to harm others or to intervene with a person’s rights. Battery is the most common intentional tort. This includes violence with the intent to harm, or if not intended to injure, interfering with a person’s right to dignity and security. For instance, every medical treatment conducted without the permission of the patient is considered a battery. This is irrespective of the doctor’s intention to provide the best medical care to the patient.

Other intentional torts include false imprisonment and assault. For instance, a person can sue a defendant for causing emotional distress. That’s why workplace and sexual harassment fall under this branch of tort law. The court can also charge punitive damages to penalize the defendant.

Other breaches of conduct that fall under this tort are trespassing and conversion. The latter deals with a person who interferes with another’s goods and refuses to return them.

  1. Negligence Torts

If any person is injured due to the negligence or deliberate acts of another, it falls under the category of the negligence tort. This invokes the concept that everyone must live up to the standards of the “reasonable person.” This allows the court to adjust to the changing conditions of what’s considered rational. Likewise, if people cause their own injuries due to their negligence, they’re held partially responsible. This falls under the contributory negligence defense.

Negligence covers many accidents. For example, a bar owner will be held liable if they don’t ensure the safety of their customers upon leaving their establishment. Or, a driver can be held responsible if their occupants don’t wear seatbelts.

  1. Strict Liability Torts

A strict liability tort is when someone is injured due to the actions of another person or entity. This happens when a person or organization fails to meet certain standards and the actions impose harm on the plaintiff. In many cases such torts are imposed on manufacturers to ensure they maintain certain norms and follow rules and regulations to offer customers quality products and services.

These torts also include storage and transportation of hazardous substances in such a way as to prevent blasts in a crowded area, and keeping wild animals in captivity to ensure public safety. They make sure that the public is safe and that strict precautions are taken in dangerous circumstances.

Whether you’re undeservingly stuck in a tort case or want to file one, a personal injury or civil litigation lawyer can help you greatly. Although this post will clear a lot of doubts, it’s always recommended that you seek out a lawyer versed in this type of legal procedure. They will strengthen your case so you get the best possible compensation for your damages. They will also save you from unnecessary spending if you’re falsely accused.

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