The people who most often seek out their legal options by contacting an attorney are those who have been injured in a car accident, or by someone else’s negligence. In most of those cases it is the first time A may have seen online or through their own research.
One of the most confusing law terms for the newly legal immersed is tort. It is a commonly used legal term but most people do not know its true connotations. Essentially, a personal injury tort is a civil claim against another person for injuries caused unknowingly. There are several key points to keep in mind.
Injury or Harm
A tort is the basis of a law suit. The law had set forward a precedent saying what offences are legitimate cause for lawsuits. Pedestrians hit by cars, slip and fall accidents and a variety of car accidents are great examples of personal injury torts. If a tort is present, the victim can sue for damages.
Civil Action VS Criminal Action
A tort is civil action. When a victim takes the responsible party to court it is not a criminal court. No criminal charges can be filed. Certain circumstances can contain both civil and criminal charges. Consider a situation where a drunk driver hits another driver. A civil complaint can be filed and the driver can also be charged with D.U.I.
Three Areas of Tort Origin
Torts stem from three distinct areas; strict liability, intentional and negligent.
Strict liability- Sometimes it doesn’t matter if negligence has occurred or not. For instance, a company is always responsible for the safety of its products. If a consumer is harmed in any way by a product, the manufacturer is responsible.
Intentional- Intentional harm is done on purpose. If someone intentionally throws a rock through a neighbor’s car window, they are responsible for the damage. There is also a criminal charge involved here, if prosecutors deem so.
Negligent- A negligent act occurs when someone acts with recklessness and abandon without thought to other peoples safety.
All legal terminology is difficult to understand for the everyday Joe. Personal injury law seems even more difficult as it concerns the well-being of a loved one and often devastatingly high expenses. One simple step to take to make matters easier is to speak with a qualified and experience attorney like Moseley Collins.