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 focuses on getting the victims their rightful compensation by charging the liable party. 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.
There are three types of tort cases. Understanding them is vital especially if 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. 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.
Intention tort forms the second category. This is where the defendant purposefully does something that causes injury or damage. The state of mind of the defendant helps in establishing whether the act was purposeful or not. Cases such as fraud, battery, assault, defamation, 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. The best example is a case where a company is sued for producing defective products. If the product goes ahead and harms a buyer, they have to prove that the product caused harm or injuries to them in which case the manufacturer will be held liable.
The verdicts for tort cases follow no particular guidelines even though there is tort law. 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. 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.