If You Think You Get , Then This Might Change Your Mind

Every Detail You Need to Know About Tort Law

If someone has damaged property or has played a role in an accident you have been involved in, it is vital that you learn about tort law. Under this civil law, people are protected from bad deeds by others. Under this law, the guilty parties are charged to ensure that the victims are well compensated. This post is focused on providing more info about this law to help you understand the process involved in getting compensated for an injury that was someone else’s fault.

Tort cases can be divided into three different categories. It is necessary to know them, but it is more important to understand them when you are working with a civil lawyer.

The first class handles cases in which a victim sustains an injury or injuries due to another person’s negligence. It forms the legal basis for a majority of the tort cases like car accidents, slips and falls, falling objects and medical malpractice. In such cases, it is upon you and your civil lawyer to prove the accused was negligent.

Other cases may fall in a group known as the intention tort. This is where the defendant purposefully does something that causes injury or damage. The decision is made based on the mental state of the tortfeasor or the person being accused. Examples of intentional tort cases include fraud, battery, assault, slander, intentional infliction of emotional distress, and false imprisonment.

Strict liability case is the last type of tort cases. The situation in strict liability tort cases is very different from the other cases. This one emphasizes on the act itself and not the responsibility of the defendant. You can use a situation where a company is sued for producing defective products as an example. If the product harms or injures a customer and they are able to prove it, the manufacturer will be held responsible.

There is no definitive guideline for the verdict of tort cases even though the law itself is in existence. You must ensure that you have a good understanding of your state’s statute of limitations since each state has different laws regarding tort cases. These limitations are responsible for setting the period within which you are allowed to file a lawsuit after an injury. Based on referrals from previous cases, a court can pass a verdict or set a compensation amount. These cases are governed by the belief that the rules for these cases have evolved before and are still undergoing evolution which is encompassed in the term ‘common law’. You have a better chance of winning the suit if you can work with a civil lawyer who can draw vital references from past rulings and most importantly those made by the court of appeal.

Comments are closed.