What is a Tort Law?
Tort is a legal term referring to a civil wrong that results in damages to another person, another’s property, or another’s rights. Civil law is the area of law that governs the relationship between private parties. The purpose of tort law is to compensate victims for damages they have incurred due to the fault or negligence of someone else (see Understanding Personal Injury Lawsuits). Tort law is also in place to deter others from committing the same harm in the future.
While tort law allows you to be compensated for any damages you sustained due to someone else’s negligence, it does not cover harms you endure from a breach of contract where someone voluntarily makes an agreement defining a relationship with you. In this way, torts are expectations for behavior that are mandatory for all citizens. These expectations vary in different jurisdictions; so, if you are seeking damages under tort law or are being charged with negligence resulting in harm to another, it is in your best interest to contact an experienced personal injury lawyer or defense attorney so you are aware of your rights.
There are many different types of torts including, trespass, assault, battery, negligence, products liability (see Understanding Products Liability), nuisance and intentional affliction of emotional distress. If a tort is intentional, that is, if someone knows that their behavior may cause harm to someone else and chooses to do it anyway, you may be entitled to punitive damages as well as compensatory damages.
Punitive damages are awarded to the plaintiff as a punishment to the defendant and usually exceed actual damages caused by the defendant. Compensatory damages, on the other hand, allow a plaintiff to recover their damages and usually do not exceed the actual cost of those damages. In this way, the intentionality of a harm may allow you to pursue a civil as well as a criminal action against someone. It is important to be aware that damages from an injury may not only include compensation for medical bills, lost wages and other damages, but may also include compensation for future earnings potential and pain and suffering. An experienced personal injury lawyer should know the best course of action to take for your claim and help you obtain the recovery you are entitled to.
Typically, there are three types of defenses that exist for torts that you will want to be aware of if you are pursuing a lawsuit under tort law or are being tried under tort law: volenti non fit injuria, contributory negligence, and ex turpi causa non oritur actio. Volenti non fit injuria is Latin for “to the willing, no injury is done.” That means if you voluntarily consent to the risk of damage, either explicitly or implicitly, you accept responsibility should you incur any damages. For example, if you are a spectator at a baseball game and are hit by a foul ball, that is a risk you knowingly took when you went to the baseball game.
Contributory negligence (see Understanding Comparative (Fault) Liability) is an absolute defense in some states which prevents a plaintiff from receiving any compensation for their damages if they were to any degree at fault for their own injuries. Similar to contributory negligence is comparative negligence. Comparative negligence is a partial defense whereby the plaintiff and defendant are each partially responsible for the accident; therefore, the defendant is only required to pay a percentage of the damages and the plaintiff is responsible for covering the remaining portion of their damages. This reduces the amount of money owed by the defendant.
The final defense for torts is ex turpi causa non oritur action. This means “no right of action arises from a despicable cause.” If the plaintiff received their injuries while behaving illegally, the defendant may not be responsible for their injuries.
Tort law varies from state to state and it is important to seek the counsel of an attorney with expertise handling your type of claim. An experienced personal injury lawyer or accident attorney may be able to help you recover your damages if you are involved in a case involving tort law.
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