Personal Injury
Tort law is created by each state through the
judges (common law) and legislatures (statutory law).
Torts are civil actions recognized by law as cause for a lawsuit. These
actions result in injury or harm providing the basis for a claim by the
injured party.
The primary focus of tort law is to provide relief for the damages
incurred and deter others from committing the same harms.
Injured persons may sue for an injunction to prevent the continuation
of the conduct or for monetary damages. Injured parties may recover the
following damages, and they include both present and future expected
losses.
» Lost wages
» Pain and suffering
» Medical expenses
» Property damage
» Punitive damages in
extraordinary cases
Specific types of torts include:
» Negligence
» Products Liability
» Emotional Distress
» Trespass
» Assault
» Battery
Torts fall into three general categories:
» Intentional
Torts - depends what defendant knows or should have known
would happen by way of their actions or inactions.
» Negligent Torts - depend on whether or not the
defendant's actions are unreasonably unsafe.
» Strict Liability Torts - depend on a particular action
causing damage, rather than the degree of carefulness by the defendant