A tort is a civil breach against a person, though the infringement may be criminal in nature. There are two types of torts: intentional and negligence. In the case of a negligence tort, injuries are the result of the accidental actions of another person. An intentional tort is the result of a purposeful act such as assault, battery, false imprisonment, trespass to chattels, trespass to land, conversion, and intentional infliction of emotional distress.
Why File a Civil Lawsuit?
There are four main goals of tort law. They include:
To win compensation for victims of private injury
To legally obligate the one that harmed the victim to pay exemplary damages
To prevent the recurrence of comparable reckless or negligent action within the future
To defend the victims’ legal rights
By filing a civil lawsuit, you’ll be ready to reach these goals.
Filing Your Personal Injury Case
Depending on your state and your specific personal injury case, you’ll raise your tort on one among the subsequent three grounds:
Negligence
A tort of negligence claims that the defendant is responsible for the victim’s personal injury because he did not prevent it. for instance , if a restaurant owner doesn’t clearly mark a broken step at his establishment and a diner is injured, the restaurant owner could also be found guilty of negligence. a private injury attorney can assist you determine if your case is one involving negligence.
Strict Liability
Strict liability holds legally liable any manufacturers who create and sell defective products that subsequently harm consumers who use them as directed. generally , torts of strict liability apply primarily to product liability law, a neighborhood of private injury. for instance , if the tire on a driver’s car suddenly bursts thanks to a defect and therefore the driver is injured, the tire manufacturer is responsible and should be required to compensate the victim. this is true albeit the manufacturer was unaware of the defect, as strict liability applies albeit negligence and malice aren’t involved.
Intentional Wrong
If someone knows his actions will cause harm but follows through with them anyway, he’s committing a tort of intentional wrong. Intentional wrongs are punishable by jail time (if criminal charges are applicable and pressed) or by an order to financially compensate a victim for damages (if a civil lawsuit is filed). In some cases, both criminal and civil charges are going to be filed. for instance, former football star O.J. Simpson faced criminal charges for allegedly murdering his wife, Nicole Brown Simpson and her companion, but he was found acquitted. However, he lost a civil lawsuit and was ordered to pay millions to the victims’ families in exemplary damages.
If you’ve got experienced a tort of negligence and would really like to file a civil personal injury lawsuit, it might be in your best interest to seek out a private injury lawyer in your area who can assist you build your case.