You may have heard how big companies such as Amazon may be responsible for product liability injuries from products sold by third-party sellers. Yet, these cases aren’t the only types of lawsuits that stem from tort law. When you suffer an injury, you may be eligible to file this type of legal action.
Did you suffer an injury? If you answered yes, you should learn as much as you can about tort lawsuits before filing your case. Don’t know where to start?
We’ve got you covered. Here are the 5 most important things you need to understand about this type of law.
1. What Is a Tort?
Every tort lawsuit stems from the commission of a tort. This term refers to the act or omission of acting that causes an injury or harm to another person.
Keep in mind torts aren’t criminal acts. These actions refer to a civil wrong.
2. There Are Three Main Types of Torts.
Before considering filing a legal action, you must make sure your injury falls into the types of torts you can file. Intentional torts, negligence and strict liability are the main categories of torts you may claim in your case. Assault, battery, fraud, and defamation are examples of the first category.
Strict liability torts refer to product liability, dog bite lawsuits, and other dangerous activities. Slip and fall injuries, car accidents and medical malpractice are examples of negligence torts.
3. In a Tort Case, Plaintiffs Need to Meet the Preponderance of Evidence Standard of Proof.
To be eligible for relief, plaintiffs must meet the preponderance of evidence standard of proof in court. This refers to proving the defendant is more likely than not legally responsible for the harm or injury caused.
Before filing your lawsuit, it’s vital to make sure your evidence meets this standard. While you may think you have enough proof to back your claim, you should consult an experienced personal injury attorney such as James Bergener to make sure.
4. You’ll Need to Prove 4 Elements in Negligence Cases.
Negligence is one of the most common tort lawsuits. When you file this type of legal action, you’ll need to prove the failure of duty, breach, causation, and harm from the defendant.
An example is how a doctor owes their patients the duty of providing the best treatment for their ailment. If you can’t prove the person owed a duty, you won’t be able to file your tort case.
5. You May Receive More Than One Type of Remedy in a Tort Lawsuit.
You may think a tort case will only make you eligible to receive monetary relief. However, you may receive damages awards, monetary damages and even a court order asking the defendant to cease their conduct.
Monetary damages refer to awards for the economic losses you suffer due to the harm or injury. The court may allocate damages awards for emotional distress, lost wages, pain, suffering, among other causes. Keep in mind awards vary on a case by case basis.
So You Know the Basics About Tort Law, Now What?
Understanding the basics of tort law is the first step to protect yourself and your family. However, it isn’t enough to receive the relief you deserve after suffering an injury. It’s vital to document your injury and consult an attorney.
A legal expert can provide insight into your options and your cause of action. Don’t leave it until later and make your tort claim today.
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