Every Detail You Need to Know About Tort Law
If someone has damaged property or has played a role in an accident you have been involved in, it is vital that you learn about tort law. 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. This page looks to help you understand this law better so that you can know the exact thing to do in case you get injured as a result of someone else’s fault.
There are three types of tort cases. Understanding them is vital especially if you are working with a civil lawyer.
The first type of tort cases is negligence which handles cases where a victim gets injured as a result of someone else’s carelessness. This is the class where most tort cases such as car accidents, slips and falls, falling objects and medical malpractice fall. Your main job and that of your lawyer is to prove beyond a reasonable doubt that the accused was negligent.
The other class is intention tort. In this case, you are suing for occurrences that come about as a result of deliberate or purposeful acts by the defendant. The decision is made based on the mental state of the tortfeasor or the person being accused. Fraud, battery, assault, slander, intentional infliction of emotional distress and false imprisonment are examples of tort cases.
Finally, there are strict liability tort cases. The situation in strict liability tort cases is very different from the other cases. This one emphasizes on the act itself and not the responsibility of the defendant. You can use a situation where a company is sued for producing defective products as an example. The manufacturer will be held liable if a customer sustains injuries or any form of harm and they can prove that it was due to the product.
Although there is tort law, the judgments for tort law follow no specific instruction. You must ensure that you have a good understanding of your state’s statute of limitations since each state has different laws regarding tort cases. These limitations are responsible for setting the period within which you are allowed to file a lawsuit after an injury. Based on referrals from previous cases, a court can pass a verdict or set a compensation amount. The idea of common law, which states that the rules for such cases are under continued evolution, governs these cases. You, therefore, need to work with an excellent civil lawyer who can pull references from past cases, especially those made by the court of appeal, to raise the chances of you winning your case.