What You Should 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. 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 different categories 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. You and your lawyer must do everything to show the negligence of the defendant.
The other class is intention tort. This is where the defendant purposefully does something that causes injury or damage. The jury decides if the action was intentional based on the mental state of the person being charged. 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. In this category, the situation is entirely different from the other two types. 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 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.
There is no definitive guideline for the verdict of tort cases even though the law itself is in existence. 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. 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. Tort cases are controlled by the concept of “common law” which states that rules for such cases have evolved and are still evolving. You, therefore, need to be able to draw crucial points from previous decisions, more so those made by the court of appeal, to boost your chances of winning and getting compensated but this is only possible if you hire an excellent civil lawyer to do it for you.