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.
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