If you’ve been injured as a result of the negligent or even intentional actions of someone else, then you may have the right to compensation. This is made possible through a legal area known as tort law. If you’ve been doing research on what to expect on your case, you may have heard this phrase come up and wondered to yourself what it means.
On this blog, we’re going to answer this question in greater detail, but let’s start off with the short and simple answer. Tort law is an area of law which protects you and others from having to deal with the losses you sustain as a result of the bad actions of others. This is a form of civil law, which means it is often contested in different courtrooms from those where, say, someone might be tried for robbing a bank or committing some other criminal offense. The reason for this is simple: torts aren’t crimes. These cases don’t need the permission of a prosecutor or district attorney to begin—anyone can start one of these claims at any time, simply by following the right procedure.
How Tort Law Works
Tort law cases begin when someone who has suffered a loss as a result of the actions of another files a complaint with the appropriate court. In doing so, they also need to serve notice to the person or party they have filed the complaint against in order to give them time to respond. Both parties are usually given time for discovery, or to find evidence that supports their side of the case and review evidence that the other party plans on using as well.
Generally, when you file a claim that alleges that the other party has caused you damage, the burden of proof is on you to back up your claim with evidence. However, unlike a criminal trial where the defendant must be proven guilty “beyond a reasonable doubt,” a tort case must only be proven by a “preponderance of the evidence.” This is a much lower standard of evidence, and means these cases are generally far easier to win. For example, if you’ve become injured because you slipped and fell on a water puddle that you didn’t see on a store floor, you don’t have to prove beyond reasonable doubt that the store intended to hurt you. Instead, you simply need to show the evidence of the scope of your injuries (usually through medical records), show evidence of where the injury occurred, and perhaps demonstrate how water could result in the dangerous condition which injured you.
Common Types of Torts
Injury law is just one of the most common types of tort cases, albeit the largest type. There are plenty of other types of tort law as well. Property torts are those which pertain to property and the features found there. For example, if someone trespassing resulted in damage to your property, you could file a property tort against them. Dignitary torts are those which compromise your dignity or reputation, including invasion of privacy or defamation suits.
Product liability is another common type of tort, one which is often closely associated with personal injury. If a defective product finds its way to the market, where it causes injury to an unaware consumer, the consumer could hold the store where it bought the product, the distributor of the product who put it in that store, or even the manufacturer of the product liable for the damages that person suffers as a result of that defect.Have you been injured as result of the actions of another? Get help filing your case from the Martin County personal injury attorneys from Lauri J. Goldstein & Associates, PLLC! Call us at (866) 675-4427 today to receive a free initial consultation.