After an accident, understanding your legal rights can feel overwhelming when you are focused on attending medical appointments and recovering from your injuries. But, for most people, the financial losses and expenses that come along with an injury – including medical bills and lost wages – make it necessary to start looking for financial compensation through a personal injury claim.
Personal injury claims are based on a specific area of law called tort law, which provides the legal framework for determining when a person or company may be responsible for the harm they caused. In this blog post we answer what is tort law.
Tort Law Definition
According to Nolo.com, a tort is a wrongful act that causes injury. A tort can be an intentional act like a punch to the face or sexual assault. But more often, torts result from negligence (carelessness), like distracted driving or failure to warn customers about a slippery floor. A tort can cause physical injuries, psychological injuries, financial losses, or property damage. Every personal injury lawsuit involves a tort.
The purpose of tort law is to provide a legal way for injured people to seek compensation when another person or entity causes harm. Unlike criminal law, which focuses on punishing wrongdoing, tort law is part of civil law and focuses on helping injured parties recover financial damages.
Who Can Be Held Responsible for a Personal Injury?
Depending on the circumstances, a person, business, property owner, or other party may be responsible for injuries caused by negligence or an intentional act. Understanding what is tort law and how it applies to your situation can help you better understand your legal rights and the steps involved in pursuing a personal injury claim.
If you or a loved one was injured due to the actions of another, you do not have to fight for compensation for damages on your own. An experienced, local personal injury attorney can review your case, discuss your legal rights and help you fight for the maximum settlement.
Is Negligence a Tort?
Yes, negligence is a tort and most contemporary law actions involving torts (personal injury claims) are based on the tort of negligence.
Before a defendant can be held liable for a negligent act or omission, the plaintiff must prove by the preponderance (greater weight) of the evidence each of the following four basic elements:
- Duty of Care. The defendant must have owed a duty to act in a way that did not expose the plaintiff to an unreasonable risk. For example, all drivers owe a duty of care to their passengers, as well as to pedestrians and other drivers on the road.
- Breach of Duty (Negligence). The defendant must have breached their duty through a negligent act or omission by failing to behave in a way that a reasonable person would have under similar circumstances.
- Causation. There must be a causal connection (both actual and proximate cause) between the defendant’s negligent behavior and the plaintiff’s loss/injuries.
- Damages. The defendant’s negligent act or omission must result in injury or loss to the plaintiff.
Although the elements of negligence may seem straightforward, proving each one can be challenging. Insurance companies often dispute fault, argue that an injured person shares responsibility, or question whether an accident actually caused certain injuries. Establishing liability typically requires gathering evidence such as accident reports, medical records, witness statements, and expert opinions.
Because tort law requires an injured person to prove that another party’s actions caused their damages, working with an experienced personal injury attorney who can make sure your claim is properly investigated and supported is typically a smart move.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
