What is Tort Law?

a young lawyer is sitting at her desk in the office

a young lawyer is sitting at her desk in the office

First, let’s understand the nexus of tort claims. Annually there are millions of accidents of various types resulting in thousands of fatalities and millions of individuals injured. When an injury or death occurs during an accidental incident, it will fall under personal injury law. Consequently, personal injury law enables the injured victim or family who has lost a loved one in a wrongful death to get monetarily compensated for the damages and losses they have suffered. Personal injury attorneys are typically called upon to devise tactics.

Also, they are experts at strategies to maximize the compensation a tort victim can receive.


So what exactly is a tort?

The thing that to understand about tort law is that it does not involve criminal charges, only civil actions. If there has been a criminal violation during the incident that resulted in harm or death, these will be charged under criminal law and will not be a part of the civil case. In other words, the responsible party cannot be criminally charged or tried in civil court. The liable party if accused of a criminal violation will have that case heard in criminal court where they can get prosecuted.

Are Traffic Accidents are the Largest Percentage or Tort Law Cases?

There is a significant percentage of tort cases brought involving traffic accidents. Mostly, these includes negligence when the libel party’s actions were reckless or careless. Hence, they led to the incident. The next type of the main tort cases is those from slip and fall incidents that occur in a public place, business or property. Santa Monica personal injury lawyers are very familiar with these types of claims.

In these cases, the property owner has been careless and may be entirely responsible or partially liable. The other kinds of cases that involve tort law are medical malpractice claims, dog bite attack cases, and defective product claims. This type of code may also include cases such as defamation, but real applications are much more common in personal injury law.


What are the Fundamentals of Tort Law?

Tort law has different fundamentals that apply in personal injury cases, and some elements may differ from one state to another. The one common fact in this area of the law is in tort cases they will take place in the jurisdiction the incident occurred or the plaintiff’s location. The most common claims that may involve parties in different places or even different states where the jurisdiction would be an issue is product liability.

The product liability laws include defective products design, manufacturing defects; it may include distributors and retailers. One of the other parts of product liability law is the failure to warn of potential hazards, which can include instructions or directions for a product that can be dangerous if improperly used.

Also, product liability laws include defective products design, manufacturing defects; it may include distributors and retailers. One of the other parts of product liability law is the failure to warn of potential hazards. Consequently, this can include instructions or directions for a product that can be dangerous if improperly used.

How do You Bring a Legal Action Under Tort Law?

The plaintiff brings the legal action in tort law against the defendant who is the responsible party. Then the claim is either negotiated with the insurance company or litigated in civil court. In many cases the claim will be settled satisfactorily for the plaintiff before the case goes to court, resulting in a specific settlement amount. When a measure doesn’t get decided before going to court, a jury will hear the case and award the compensation to the plaintiff. Some lawsuits that are brought in civil court using tort law are class action claims, which mean there is more than one plaintiff.

So in some cases means there will be many plaintiffs’ who have suffered harm by the same cause. So this could be something such as a defective product, drug or automobile. In these cases, the jury award or negotiated settlement will be divided among the plaintiffs usually in a percentage for the degree of harm sustained. In tort cases, monetary damages are getting sought by the plaintiff for damages such as medical expenses. These can also include lost wages, future costs of permanent or temporary disabilities and emotional pain and suffering.

Is wrongful death also a Tort?

In wrongful death claims the damages will include other losses, such as loss of companionship, loss of earnings, funeral, and burial costs. The defendants in these cases will use a defense, or the insurance company will use tactics to lower the amount that the case will get settled or the jury award. Personal injury cases are the specialty of the tort law lawyer. Also, this is a legal expert who will be able to negotiate with the responsible party’s insurance company. Also, this jurist can litigate in court against the defense attorney’s case.

In these types of claims the damages, the Los Angeles, wrongful death attorneys will include other losses. So this could be things like loss of companionship, loss of earnings, funeral, and burial costs. The defendants in these cases will use a defense, or the insurance company will use tactics to lower the amount that the case will get settled or the jury award. Personal injury cases are the specialty of the tort law lawyer who will be able to negotiate with the responsible party’s insurance company or can litigate in court against the defense attorney’s case.