Is Tort and Personal Injury Law the Same Thing?
Generally, tort and personal injury law are considered the same thing. A tort is an act or omission that causes injury or harm to another and violates the victim’s legal rights. A lawsuit may be a way to seek compensation for that violation. An injury is the invasion of that legal right, while harm is a loss or damage to the person or their property.
A personal injury claim can provide a powerful tool to recover compensation for injuries caused by another party’s negligence, recklessness, or intentional acts. Compensation could cover past and reasonably expected future medical bills and lost income, pain, and suffering. Call the Hicks Firm at (949) 541-9944 or fill out our online contact form so we can talk about your case.
How Do Tort Cases Help People?
The goals of tort law are to:
- Provide relief to injured parties for harm caused by others
- Impose liability on those causing the harm
- Discourage parties from committing harmful acts
A successful tort case can shift the burden of the loss from the injured party to the party at fault or in a better position to bear the loss’ burden. Usually, the person harmed will use a cause of action to get damages (harm measured in dollars), a court order for a party to do or refrain from doing something (an injunction), or they give up and or return something they gained (restitution).
Who Decides How Tort Law is Applied?
Tort law limits are set by common law (court decisions over the years), statutes, state and federal constitutions. Judges have broad, but not limitless, latitude in deciding:
- Whether you state a claim that can result in a recovery
- What defenses the other side may use
- What damages you suffered
Usually, a judge or jury decides disputed facts in the case, determining the outcome.
What Types of Torts Are There?
There are three kinds:
- Intentional: Someone struck and harmed you intentionally
- Negligent: You were injured because of a mistake another party committed. Due to the relationship between the two of you, they should have done something or not done something, and this error caused an accident that resulted in harm
- Strict liability: A party was involved in putting a product up for sale that was dangerous even when used as intended or engaged in a hazardous activity, and you were injured. Although an injured party can claim negligence or intentional acts were involved, it’s unnecessary. The focus is on whether and how a product or action caused harm, not if it’s the result of negligence or done on purpose
Torts include cases involving:
- Physical acts and consequences like vehicle accidents, slips, and falls, assaults, batteries
- Words causing harm in defamation or libel cases
- Invasions of privacy where private information, images, or sounds are distributed
- Nuisance, where loud sounds and harmful or toxic smells deprive you of enjoying your property
- Economic harm due to fraud or interference with a contract
Torts have evolved over centuries as a way for people to obtain justice through the courts instead of taking matters into their own hands.
What’s the Difference Between a Tort and a Crime?
Torts are, generally, not crimes, though the two legal areas can mix. Crimes are wrongs against the state or society. Criminal laws are created to enforce public justice, while tort law addresses private wrongs. Its central purpose is compensating the victim, not punishing the wrongdoer (though in extreme personal injury cases, punitive damages may do that).
Some acts may create tort and criminal liability. If a driver commits gross negligence and injures others, the person could be arrested and sued by accident victims. A person who physically attacks you could be convicted of battery and sued for the same thing. If you’re successful, you’ll be compensated for your injuries.
Contact Personal Injury Lawyer Aaron Hicks at Hicks Law Firm
Tort law covers any situation where you suffer harm from others’ acts. Compensation can cover harm sustained in the past and what’s expected to continue. If another’s acts injure you or a loved one, Costa Mesa personal injury lawyer Aaron Hicks at Hicks Law Firm is here to assist you and your family. We can help guide you through this difficult time and make this process as easy as possible while you recover from your injuries. Our experienced personal injury attorneys have assisted many injured plaintiffs in California, and Tennessee in recovering millions of dollars in damages over the years and look forward to helping you. Call (949) 541-9944 or fill out our online contact form so we may discuss your case.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
