What Is Tort Law? How Does It Impact Your Personal Injury Case?
Defining Tort Law for Our Riverside, CA Clients & Their Families
Many people are familiar with the term tort law, but most need help understanding tort law meaning. They also need to know what impact tort law has on personal injury cases. Below, the Law Offices of Harlan B. Kistler defines tort law for our Riverside, CA clients. Should you have further questions, please don’t hesitate to contact our law firm for a free case review. We’re here to assist with your case!
What Is Tort in Law? A Tort Law Definition You Can Understand
Tort law refers to civil cases of wrongdoing committed by one person against another, which can usually be made right by having the responsible party pay compensation for the damages. A tort is a civil wrong causing harm or loss to another that’s not merely a breach of contract. Tort law attempts to compensate injured parties and sets a precedent for future cases to deter further wrongdoing. Certain torts could see the responsible parties facing jail time, but most seek to compensate the injured parties financially. Examples of wrongdoing could include things that cause physical or economic injury to another, cause pain or suffering, damage a person’s reputation, or violate their constitutional rights or privacy.
How Do Tort Law Cases Work? What Are Tort Law Examples?
Tort law cases typically see an individual filing a lawsuit seeking financial compensation for property damages, medical expenses, economic losses, and/or noneconomic losses such as pain and suffering or loss of enjoyment of life. In the event of a wrongful death, the deceased’s loved ones will file a lawsuit. To have a tort law case, you must prove the injured party’s harm or loss was directly caused by another’s breach of their reasonable duty of care. The most common civil tort law cases involve:
- Product liability
- Civil assault or battery
- Invasion of privacy
- Trespass (to land, real property, personal property, etc.)
- Intentional infliction of emotional or mental distress
- False imprisonment
Are There Different Types of Torts in Law?
Tort laws may differ from state to state, so it’s essential to consult a personal injury attorney familiar with your state’s specific tort laws. However, most of them fall under one of three main categories:
- Intentional Tort – Tort law cases involving intentional tort include ones in which the responsible party knew or should have known their conduct would result in harm.
- Negligent Tort – Negligent tort cases involve circumstances in which the responsible party doesn’t take the proper precaution to keep others safe, and their actions result in harm.
- Strict Responsibility – Strict responsibility often refers to tort law cases involving corporations selling faulty products that cause harm.
What Are Some Common Tort Law Cases?
Many civil tort lawsuits involve negligence. Negligence claims must prove the defendant owed the plaintiff a duty of care that was breached and caused harm or injury to the plaintiff. Negligence in tort law often involves personal injury claims. Injuries do not always have to be physical. While physical injuries to organs, limbs, and other body parts often occur, mental health injuries (emotional pain and suffering) are also considered. Common tort cases involving negligence and personal injury include:
- Slip, trip, or fall accidents
- Car or motorcycle accidents
- Bike or scooter accidents
- Trucking accidents
- Medical malpractice
- Wrongful death
How Is California Tort Law Unique?
California tort law differs from federal tort and other states’ personal injury laws. Under the California Tort Claims Act, individuals must file tort claims against government entities within six months of their personal injury. California has also adopted the concept of comparative negligence, allowing juries to divide blame between defendants and plaintiffs. It’s important to note that plaintiffs may still receive compensation even if they’re more than 50% responsible for their harm. California tort reform is often in the news, as ongoing disputes contend with which acts constitute torts, who can file a lawsuit over these acts, and what financial compensation may be awarded for cases involving these torts.
Why Choose the Law Offices of Harlan B. Kistler?
If you’ve suffered a personal injury, recovery should be your primary concern, not worrying about piling medical bills or missed wages. Hiring an experienced personal injury law firm, such as the Law Offices of Harlan B. Kistler, can help reduce stress and anxiety during recovery. We can help you seek financial compensation for injuries caused by others’ negligence. Harlan B. Kistler has been practicing law since 1989, and our firm has handled the personal injury cases of thousands of clients over the past 30+ years. Browse client testimonials to see why we have many satisfied former clients in the Riverside area.
Discuss the Meaning of Tort Law with Our Law Firm
Do you still have questions regarding the meaning of tort law? The Law Offices of Harlan B. Kistler are experienced with tort law cases and can help you get the compensation you deserve. Contact us today to request a free consultation with our personal injury attorney in Riverside, CA. We’ll work tirelessly on your behalf to ensure your side of the story is told, and you achieve the best possible case outcome.
Are You Suffering from an Impacted Fracture?
How the Law Offices of Harlan B. Kistler Can Help
From slip-and-falls to car accidents, broken bones are often caused by circumstances beyond our control. While broken bones aren’t usually life-threatening, they can cause significant pain and discomfort during healing. Impacted bone fractures are one of the most severe types, causing sharp, intense pain and an inability to move the affected bone. If you’ve sustained an impacted fracture in Riverside, CA due to someone else’s negligence, you could be entitled to compensation for medical bills, missed wages, and more. The Law Offices of Harlan B. Kistler is a personal injury law firm experienced with cases involving impacted fractures. Read on to learn more about an impacted fracture definition, causes, and symptoms before giving us a call to schedule your free initial consultation.
What’s an Impacted Fracture? What Causes an Impacted Fracture?
A broken bone, or fracture, may be partial or complete. Fractures may also be categorized as simple or impacted. Impacted fractures occur when a brutal force (such as that from a car accident) causes a bone to not only break but shatter. These fragmented pieces of bone are then driven into each other, leading to further injury. Impacted fractures are commonly caused by car accidents or fall from significant heights because they require extreme force or trauma. Minor falls are not usually among impacted fracture causes. Human bones are resilient, but they weaken with age, making people more susceptible to bone fractures as they age. Common impacted fractures include impacted wrist fractures, impacted radial neck fractures, impacted distal radius fractures, impacted radial head fractures, and impacted hip fractures, which may require a full hip replacement.
What Are the Symptoms of an Impacted Bone Fracture?
While minor bone fractures may fly under the radar and go undetected at first, impacted bone fractures are typically noticed or felt immediately. Impacted fracture x-rays, CT scans, and MRIs can diagnose the type, severity, and location of your broken bones. Seek urgent medical care if you notice any of these common impacted bone fracture symptoms after an accident:
- Sharp, intense pain
- Swelling, bruising, redness, or warmth
- Tenderness to the touch
- Tingling and numbness
- Difficulty or inability to move the affected bone/area
- Difficulty or inability to put weight on the affected area
- Fragments of bone poking through the skin
- Bleeding (if it’s an open fracture)
- Dizziness, faintness, or lightheadedness
What Are the Most Common Impacted Fracture Treatments?
Most bone fractures heal naturally with time and care. Many fractures require wearing a plaster cast or splint while the broken bones realign and heal themselves. Complications may occur if a bone heals in the wrong position or is disrupted during healing. You run the risk of bone deformity, bone or bone marrow infection, or bone death without proper treatment. A person’s age, health, and medical history may impact their ability to heal from an impacted bone fracture.
Impacted fracture treatment may be based on the extent of the injury, the patient’s tolerance, and the patient’s or doctor’s preferences. Because impacted fractures are more complex than regular fractures, surgery may be needed to separate the bone fragments. Pins, rods, and other surgical hardware are often used to help support broken bones while they’re immobilized during the healing process. Physical therapy may be recommended to help the patient regain mobility and strength in the fractured area. If the impacted bone fracture is near a joint, permanent stiffness or arthritis may occur.
Why You Need an Injury Attorney for a Broken Bone Case
If another person’s negligence caused your impacted fracture, you should speak with a personal injury attorney to see what your case is worth. Often, insurance companies may deny claims or attempt to unfairly reduce your compensation when you try to settle without legal representation. Types of bone fracture cases that our skilled personal injury attorney may handle include:
- Car and motorcycle accidents
- Pedestrian accidents
- Scooter and bike accidents
- Premises liability
- Products liability
- Trucking accidents
How Much Compensation Will I Receive for an Impacted Fracture?
The amount of compensation you may be eligible to receive from an impacted fracture will vary based on the severity of your injury and your total losses. You may be entitled to seek past and future medical expenses, missed wages, loss of future earnings, and permanent disability, as well as compensation for general pain and suffering and lost enjoyment of life. The Law Offices of Harlan B. Kistler is adept at getting the financial compensation our clients deserve. View our client testimonials to see why Riverside residents highly recommend us.
What Is the Filing Deadline for a Personal Injury Claim?
In the state of California, you have two years to file a personal injury claim or lawsuit in civil court. Failure to file a claim within that timeframe may result in case ineligibility. If you accept an insurance settlement, you may also be ineligible to file a claim. Please note – different deadlines apply to personal injury claims involving government liability or negligence. You only have six months or 180 days from your impacted bone fracture injury date to file your claim. Cases involving professional negligence from a healthcare provider must be filed within three years of your personal injury date.
Contact Us to Schedule a No-Cost, No-Obligation Consultation
If you’ve been injured with an impacted fracture and someone else is at fault, the Law Offices of Harlan B. Kistler can help you fight for the financial compensation you deserve. Our personal injury law firm in Riverside, CA operates on a “No recovery – no fee policy.” Reach out today to request a no-cost, no-obligation case evaluation from an experienced legal team you can trust. We’re here for you!
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