If you're interested in tort law, you've likely been the victim of a wrongful injury. Tort law is commonly known to be the law that defends people who have been wrongfully injured due to negligence, disregard, and it protects those that have been intentionally injured by the acts of wrongdoers.
Tort law is considered one of the cornerstones of law. The others are contracts, real property, and criminal law. The goal of tort law is to be the means of injured parties getting financial relief from the parties that harmed them by imposing liability for their injurious acts.
So, what are the types of torts? Torts have three general divisions: Intentional, negligent, and strict liability. But let’s understand what a tort is first.
What is a tort in simple terms?
When someone is injured by a wrongful act or omission (a tort), the courts can impose legal liability to the wrongdoer as it’s considered a civil wrong. A tort can also be an infringement of privacy, intentionally causing emotional distress and a wrongful act that results in financial loss, among other things.
Common law and state statutory laws govern the boundaries of tort law, allowing judges a wide berth when it comes to which actions conform to being a civil wrong, defenses the defendant can claim, and the amount of compensation to award the injured.
What is a tort case?
Tort law decides if a person or entity should be held legally liable for your injuries and the compensation you should receive. Taking on a tort case requires proving duty, breach of duty, causation, and the resulting damage. All these elements must be substantiated to make a strong case for you as the plaintiff against the defendant. Tort lawsuits make up a large majority of civil lawsuits.
What is a tort claim?
In a nutshell, it's a claim for the damages you've suffered. But a tort claim goes beyond accident benefits and insurance claims. The payouts mentioned above are limited and don't cover the non-economic damages you may have endured.
Non-economic damages are things like pain and suffering or anything else that inhibits your ability to enjoy life due to the negligent actions of another. You can also seek compensation for loss of income, rehabilitation and medical services, caregiving, and any other ongoing expenses you may incur in the future.