What is a Tort Claim?

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What is Tort Claim?

According to the legal definition given by Cornell Law School, a tort claim outlines an act that causes injury or harm to another party, amounting to a civil wrong that allows the courts to assign liability. Specifically, an injury, in this case, can mean any imposition on another person’s legal rights. Further, the legal understanding of harm in a tort claim is meant to describe a victim’s overall losses. 

Tort Definition

In short, a tort claim is any act that can harm a person’s wellbeing, thereby infringing on their rights and making the offender liable for their pain and suffering. When found legally responsible, the liable party may have to pay out damages related to any emotional, monetary, or physical losses the victim has suffered, as well as various other applicable damages. 

Tort Is A Civil Claim

A tort is a civil claim where a claimant has suffered damages due to the actions of the person who committed the act. In this type of claim, the person who committed the act can be held legally liable. The losses incurred by the claimant may be financial, physical injuries, emotional distress, invasion of privacy, and others. Basically, a tort claim is an act committed by one person that causes harm to another.

A Fort Lauderdale personal injury lawyer can help you file a tort claim to recover compensation for any harm you suffered.

Circumstances That May Warrant a Tort Claim

Numerous personal injury and invasion of privacy offenses may result in a tort claim, including instances of assault and trespassing. However, tort claims branch out from the basic tenets of traditional personal injury law, because they include more abstract wrongdoings like fraud, emotional abuse, and defamation of character. 

Different Types of tort Claims

Accordingly, there are many different types of tort claims that encompass a variety of misdeeds, ranging from traditional acts of negligence to property crimes and beyond. Tort claims are interesting in that they can also be filed against the United States government in an attempt to recover unrightful losses. 

As detailed by Cornell Law School, examples of tort claims can include:

  • Product liability.

  • Battery and assault.

  • Inducement of contract.

  • Public and private nuisances.

  • Various types of negligence, including Negligence Per Se and Res Ipsa Loquitur Negligence.

  • False imprisonment.

What are the Types of Torts?

There are several different kinds of torts.

Types of Torts

Intentional Torts

Intentional torts can include fraud, misrepresentation, slander, libel, false imprisonment, assault and battery, and Florida wrongful death claims. They are actions that were deliberately taken. A tort may result in a civil suit where the defendant can be found liable and ordered to pay monetary damages to the plaintiff.

Negligent Torts

Negligent tort is a failure to act the same way a reasonable person would act to whom they owe a duty of care. Negligent torts are not intentional or deliberate. There must also be an injury that is the result of the breach of that duty.

Examples of negligent torts are motor vehicle accidents, dog bites, medical malpractice cases, slip and falls, and wrongful death cases. For example, a doctor does not double-check their chart and operates on the wrong part of your body.

Strict Liability Torts

Strict liability refers to cases where one party has liability for an injury, regardless of whether they acted negligently or not. Defective products, dog bites, or animal attacks, and extremely dangerous activities can be examples of strict liability torts. As an example, a defective product injures a customer. Because strict liability laws hold the manufacturer responsible in most cases, the customer does not need to prove the manufacturer acted negligently to recover compensation. Our Fort Myers personal injury lawyer can help you to recover the compensation that you deserve.

Specific Areas of Tort Law

Torts cover a range of economic, private, and social implications, depending on which tort law the claim falls within. For example, some torts may deal with business contracts, while others may deal with a neighbor leaving excessive amounts of garbage in their yard. 

In general, the types of tort law include:

  • Nuisance Torts.

This includes actions such as playing loud music, polluting the neighborhood creek, and not cleaning up garbage.

  • Strict Liability Torts.

These encompass claims like product liability and dog bite cases, ultimately stating that a negligent party does not need to know they are putting people at risk in order to be liable for ensuing injuries.

  • Intentional Torts.

These include physical attacks like assault, but also cover fraud, trespassing, and intentional emotional distress.

  • Negligence Torts.

This type of tort is the basis of traditional personal injury law, including motor vehicle accidents, medical malpractice, and slip and fall cases.

  • Economic Torts.

These mostly center on business dealings, including negligent misrepresentation, interfering with trade, and inducement of breach of contract claims.

See Some Examples of Tort Cases

Car Accident

Types of Torts Laws

If a driver hits you and runs when having a stop sign.

Slip and Fall

If you fall in a private or public place because of someone’s negligence.

Brain Injury

If you caused a brain injury in the construction zone or other because of the negligence of others.

Bicycle Accident

If someone opens a ca door and suddenly you hit by it.

Dog Bite

If the dog bits you because of dog owner negligence behavior.

A tort claim can also be brought against the United States federal government or any branch of the government, including the U.S. Department of Veterans Affairs (VA), for money damages due to property loss, injury, or death.

Tort Cases Characteristics Decided in 1996 by Trial in State and Federal Courts

Percentage of Cases
Won by Plaintiff
Median Award
(Dollars)
$250,000
or More
$1 Million
or More

All Tort Cases

State48.231,00016.95.8
Federal45.8139,00038.114.6

Automobile Accidents

State57.518,0008.73.4
Federal59.7100,00037.411.6

Medical Malpractice

State23.4286,00051.020.2
Federal39.8252,00054.322.9

Asbestos

State55.6309,00050.612.1
Federal40.0465,00050.00

Product Liability Other Than Asbestos

State37.1177,00041.216.3

Federal

26.6368,50062.0

24.0

 

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Call the Law Offices of Wolf & Pravato Helping Clients Navigate the Personal Injury Process 

Here at the Law Offices of Wolf & Pravato, we have represented clients in numerous tort claim cases. However, these civil actions do not last indefinitely. If you have been injured and wish to seek damages, it is important that you take legal action within the four-year statute of limitations dictated by Florida State Legislature Statute § 95.11. 

In cases of medical malpractice related to nursing home abuse, Florida State Legislature Statute § 400.0236 dictates a two-year statute of limitations. Other unique tort claims have their own statutes under Florida law. 

Speaking with a personal injury lawyer may help you better understand the types of legal factors at play if you choose to move forward with your claim. To get started with a free consultation and case review today, contact a team member at the Law Offices of Wolf & Pravato at (954) 633-8270.

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