Every Detail You Need to Know About Tort Law
Learning about tort law is essential for anyone whose property has been damaged by someone else or a person who has been involved in an accident that was caused by a different party. Under this civil law, people are protected from bad deeds by others. 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. 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. 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.
Other cases may fall in a group known as the intention tort. 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.
Strict liability case is the last type of tort cases. The situation in strict liability tort cases is very different from the other cases. 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.
There is no definitive guideline for the verdict of tort cases even though the law itself is in existence. Laws regarding tort cases vary from one state to another, and you should, therefore, make sure that you have a good understanding of your areas 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. These cases are governed by the belief that the rules for these cases have evolved before and are still undergoing evolution which is encompassed in the term ‘common law’. 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.