Every Detail You Need to Know About Tort Law
You have all the reasons to learn about tort law if you have been involved in an accident as a result of someone else’s negligence or if someone has damaged your property. It is a civil law that provides protection from harmful acts by other people. It ensures that the victims get their rightful compensation by charging the guilty parties. You can learn more about this law by reading through this post to acquaint yourself with the process involved if you get injured as a result of someone else’s fault.
Tort cases can be divided into three different categories. It is necessary to know them, but it is more important to understand them when you are working with a civil lawyer.
The first class handles cases in which a victim sustains an injury or injuries due to another person’s negligence. It forms the legal basis for a majority of the tort cases like car accidents, slips and falls, falling objects and medical malpractice. In such cases, it is upon you and your civil lawyer to prove the accused was negligent.
The other class is intention tort. This is where the defendant purposefully does something that causes injury or damage. The jury decides if the action was intentional based on the mental state of the person being charged. Fraud, battery, assault, slander, intentional infliction of emotional distress and false imprisonment are examples of tort cases.
Finally, there are strict liability tort cases. In this category, the situation is entirely different from the other two types. Here, it is not the responsibility of the defendant that is focused on but the act itself. A good example is when a company produces defective products. If the product harms or injures a customer and they are able to prove it, the manufacturer will be held responsible.
Although there is tort law, the judgments for tort law follow no specific instruction. Each state has different tort laws, and it is vital that you understand your state’s statute of limitations. Such limitations state the specific time within which a case should be filed after an injury. The courts use references from past cases to render a verdict or set a compensation amount. Tort cases are controlled by the concept of “common law” which states that rules for such cases have evolved and are still evolving. You have a better chance of winning the suit if you can work with a civil lawyer who can draw vital references from past rulings and most importantly those made by the court of appeal.