If you do not know what a tort is, don’t feel bad. It’s an old legal word that isn’t commonly used in many states across the country. Essentially, a tort is a civil wrongdoing that causes an individual or a group of people to suffer loss or harm which results in legal liability to the party responsible for those wrongs.
A tort lawsuit investigates whether the defendant acted intentionally or negligently, thus causing harm or loss to befall the plaintiff(s). Torts are an element of personal injury law and allow those who were injured or wronged to seek financial compensation from the defendant. The purpose of tort cases is to determine blame and ensure that they answer for their misdeeds or negligence by some manner or means.
What Are Examples of Tort Cases?
There are three basic types of tort cases, including intentional torts, negligence, and strict liability.
Examples of an intentional tort include:
- Assault
- Battery.
- Defamation
- False imprisonment.
- Fraud
- Sexual assault and rape.
- Threats and causing severe emotional distress.
- Trespassing
Examples of negligence tort cases include:
- Accidents involving poorly maintained equipment or property.
- Distracted driving resulting in an auto accident.
- Medical malpractice.
- Slips and falls.
Examples of strict liability cases include:
- Animal attacks and dog bites.
- Defective products that cause harm to their users.
- Unsafe, dangerous activities.
Which States Are Tort States?
Not every state is a tort state. Some states work under a no-fault version of insurance and legal blame. As of 2022, America’s no-fault states include Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.
Arizona, like many other states, allows for tort lawsuits.
What Kind of Tort Lawyer Do You Need?
If you are looking to file charges against a defendant who has done you harm, you may benefit from hiring a tort lawyer. When looking for the right attorney for your case, look into the types of personal injury cases they’ve tried in the past, whether in tort lawsuits or otherwise.
A medical malpractice case has unique complexities that separate it from a car accident tort case or a defective product case. If your tort lawyer has the experience and knowledge for your case, you should consider consulting with them for legal advice about how best to proceed with your case as you seek to recover compensation and hold the guilty accountable for damages done.
Financial compensation may not be able to make civil wrongs right again, but it can go a long way to helping you get back to your life. If you think your case could benefit from a tort lawsuit, consider speaking with an attorney to discuss your legal options.