Tort law refers to laws that are specific to:
- Find out if a party is liable to cause harm to another party.
- Calculate the amount of compensation due to the injured party.
Harm could include injuries, pain and suffering, as well as property damage and wage loss. Compensation is intended to restore the victim to their original condition, as close as possible, before the tort occurred. You can visit Job Search in the UK to find law-related jobs too.
In some cases, punitive damages may be added to the compensatory damages. Punitive damages are not intended to compensate the plaintiff. It is intended to punish the defendant and deter others from engaging with similar acts.
The largest area of civil law that includes tort law is personal injury.
We can help you better understand tort law by identifying the three classifications of torts.
- Intentional Torts This is a tort in which an individual deliberately commits a wrongful act that causes harm to another person. Intentional torts are distinguished by the requirement to prove that the defendant committed the tort intentionally.
- Negligence Torts Negligent tort may be a result of a failure to use a reasonable standard. A negligent tort case must have four elements: breach of duty, duty, causation and damages. The majority of tort lawsuits are based on negligence torts.
- Torts of strict liability: The focus in strict liability tort cases shifts away from the person or party that committed the tort to the act/incident itself. So strict liability cases don’t take into account intent or negligence. It is only the act and the resulting damages that matter.
Tort law, as mentioned earlier, is a broad area of civil law. Tort examples can be broadened and varied. These are only a few examples of torts based on the three types of tort we have identified.
- Batteries: Unwanted, offensive, or dangerous contact with another person
- Assault A threat or attempt to cause harm.
- Fraud Lie or make misrepresentations to someone else.
- Trespass: To use another person’s property, without their consent.
- Emotional distress is caused Intentionally frightening another person, causing severe emotional and mental distress.
- Car/bicycle/motorcycle accidents: A driver or rider who speeds up and hits pedestrians causing injury can be held responsible. Las Vegas motorcycle accidents Our attorneys can help you with these common issues.
- Slip and fall When someone falls on another person’s property, a slip and fall claim can be filed.
- Medical malpractice Medical malpractice is when a doctor fails to provide competent or reasonable care and causes harm to the patient.
- Product liability: Product liability refers to cases of injury or harm caused by defective products that are made available by retailers, manufacturers, suppliers or distributors.
- Wild animals are a great way to get involved Wild animals owners are liable if their wild animals escape or injures another person.
- Extremely dangerous activities For example, trucks carrying hazardous chemicals or volatile substances can be held liable for any damage caused by a spillage or explosion.
Different remedies may be available depending on the severity and nature of the tort case. There are three types in tort law.
- Legal recourse: To compensate victims for damages, losses, injuries, pain, and suffering resulting from the tort.
- Restitutionary remedies This type of remedy is intended to both restore the victim to their pre-tort incident state and ensure that the defendant forfeits all illegally obtained gains.
- Equitable remedies A judge can impose equitable remedies in cases where monetary compensation is not sufficient to address the effects of the tort. These remedies can include a temporary order of restraining or an injunction prohibiting the defendant from engaging in any illegal activity.
SHOULD I ENGAGE A TORT ATTORNEY?
Tort law is a broad area and requires special training in order to develop appropriate legal strategies for handling tort cases. Each state will also have its own rules and regulations regarding tort rules and regulation.
An experienced attorney will have a lot of knowledge in the area they practice and can help you navigate the legal complexities. If you have suffered any injuries and wish to file a claim, they can help you assess the strength of your case.
You’ll be able to rely on a professional to look out for your best interests. You are unlikely to feel in a position to fight a tort case alone after suffering an injury. An attorney can negotiate for you, assist with legal documentation, or prepare you for legal proceedings.