For many people “legalese” can seem like a foreign language, and unless you work in a law office “tort” is not a term that you’re likely to use every day. However, tort law is a crucial cornerstone of the American justice system and for normal, law abiding citizens it is the one area of law that is most likely to affect your life.
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What is a Tort?
1. What is a Tort?
For many people “legalese” can seem like a foreign language, and unless you work in a law office
“tort” is not a term that you’re likely to use every day. However, tort law is a crucial cornerstone of the
American justice system and for normal, law abiding citizens it is the one area of law that is most likely
to affect your life. So let’s take a look at what exactly a tort is and how tort law or personal injury law
can be helpful to you.
The word tort means, essentially, a wrong or injustice, specifically, an injustice committed against you.
This is some action (or failure to act) that is not necessarily illegal, but which through recklessness or
negligence caused you or your property to be harmed. This can apply to a wide variety of situations,
from car accidents to improper safety equipment at work.
What specifically defines a tort is not just that someone was unfair to you, but that a choice they made
specifically caused you harm or damages. When someone has committed such a wrong against you,
you are entitled to receive compensation from the person who caused it. Let’s look at two examples to
make it clearer.
In the first example, a crime is committed: A mugger shoves a woman and runs away with her purse.
When he shoved her, she trips and falls on the uneven sidewalk, injuring her wrist. Once the mugger is
caught, he will be placed under arrest and stand trial for theft (and possibly assault). But that criminal
proceeding is separate from the tort, which is the injured wrist. The woman can sue her mugger and if
she succeeds he will have to pay for the cost of her medical care.
In the second example, no actual crime is committed. A man is driving down a crowded street and
reaches for his cell phone. As he does so, he accidentally swerves and hits a parked car. He will not be
arrested, and depending on the police officer he may not even get a ticket; nonetheless the owner of the
parked car is legally entitled to compensation to pay for repairs. If the man won’t pay, the owner of the
damaged car can sue for the money.
The key feature of a tort case is that damages were caused, either to a person’s health or their property.
Thus most tort cases ask for compensation for medical bills or repairs. But in some cases, an accident
can be so severe it puts a person out of work. In that case, they can also recover the amount of wages
they lost due to their injuries. In very severe tragedies, additional damages may be assessed for pain
and suffering, although this is rare.
If you have been injured in any kind of accident you need a personal injury lawyer to apprise you of
your legal rights and how strong of a case you have. If you need an attorney in Virginia, the law offices
of Howard, Morrison, Ross, and Whelan http://www.hmrwlaw.com are among the most experienced
and knowledgeable and are happy to offer you a free consultation.