Most people have heard of tort law when they hear politicians discussing tort reform. But what is tort law? And how does it affect your personal injury case? Keep reading to get answers to these and other questions. If you need further assistance, or would like to request a free case evaluation, contact Law Offices of Fernando D. Vargas at 909-982-0707.
The Definition of Tort Law
A civil wrong that can be atoned by giving compensation for damages is the definition of tort law. Legally speaking, a civil wrong that qualifies for the filing of a lawsuit is a wrong that caused significant harm to the victim. Some torts can include jail time, but in almost all cases, the main purpose of tort law is to provide financial compensation for victims.
It is the Injured Party That Generally Sues for Damages
In most cases, it is the person who has been injured who will sue for financial damages. There are a few exceptions, such as a wrongful death case in which the descendants file a case on behalf of their deceased loved one. Damages can include economic damages such as lost wages, property damage, and medical bills. They can also include noneconomic damages such as pain and suffering and loss of enjoyment of life.
Torts Fall into Three Categories
While there are a number of types of torts, including negligence, trespassing, product liability, assault and battery, and deliberate infliction of emotional distress, there are three categories they fall under in almost all cases.
- Intentional Tort. This covers any wrongdoing that a person was aware or should have been aware would cause damage.
- Negligent tort. This applies to situations in which a person does not take the steps a “normal” person would have taken to keep people out of the way of harm. An example is a driver running a red light and causing a car accident.
- Strict liability tort. This has nothing to do with the extent of care the perpetrator took, but whether or not the action caused harm. For example, if a company is selling defective merchandise, you do not necessarily have to prove that they knew it was defective.
Note that tort laws vary in all 50 states. If you are located in California and believe you have a case involving tort law, it is best to contact a personal injury attorney. You can do so by calling Law Offices of Fernando D. Vargas at 909-982-0707. We will then listen to your side of the story to determine if you have a case. If you do, and we offer to take it, we will do so on a contingency basis. This results in no upfront costs to you – we only get paid if we win your case.
