How Tort Law Protects Your Right as a Plaintiff
Posted February 2nd, 2021 by Anthony Carbone.
Categories: Personal Injury.
Legally, a tort is a situation where one party inflicts an injury on another party forcing the latter to sue for damages. Using tort law, the court can look at the available evidence to establish whether the defendant is legally accountable for the alleged injury and whether the plaintiff is entitled to compensation. You are advised to work with a legal representative to help you prove your case and guaranteed compensation. Call a Hudson County Personal Injury Attorney today for an aggressive and relentless representation to protect your right. Below is what you need to understand the tort law.
Types of torts
To prove that you deserve compensation from the other party, you must show the court that there is a breach of duty and causation between the defendant’s action and your injury. With these elements, there are three main types of tort case:
- Intentional torts
An intentional tort is one where one entity willingly or purposely engages in an action that causes damage to another party—for example, striking someone when fighting will be classified as an intentional or purposeful act. On the other hand, accidentally hitting another is not considered as intentional. However, this can still be considered as a tort if there was negligence. Other examples of intentional torts are assault, defamation, battery, and conversion.
- Negligence torts
Negligence arises when an individual did not act according to the expected code of conduct and their actions resulted in injury to another party. It is the most common type of tort as the actions must not be deliberate. The defendant is sued because they were careless and failed to respond in time to a potentially harmful situation. Examples of negligence torts include slip and fall where an individual suffers an injury on the premise of another person due to failure to act as a reasonable person would be expected to in that situation. Other negligence torts include truck accidents, bicycle accidents, pedestrian accidents, and medical malpractice.
- Strict liability
The final category is absolute or strict liability, where an injury occurred and can be imposed on the defendant without the need to show direct fault or negligence. What is important is that the action caused damage to another party. One of the main examples of strict tort is defective products where the customer was injured, but the company did not intend to cause harm. Other such examples include animal attacks and abnormally dangerous activities.
Hiring an attorney
With all tort cases, the plaintiff has a burden to prove injury and liability. That is why they all have personal injury attorneys to help deal with those cases and increase the chances of success. This is what you should look for:
- Experience: You need an attorney with years of experience dealing with personal injury cases.
- Charges after success: You don’t want to pay before you are assured of success.
- Success rate: Tort cases can be challenging. Therefore, you want someone who almost always wins cases.
Call a Hudson County Personal Injury Attorney today for a free consultation if you’ve suffered an injury that was not caused by you. Tort cases compensate clients for property damage, disability, pain and suffering, lost wages, and mental trauma. Book an appointment today online to discuss your case.