Personal Injury Tort Law Explained

Tort Law, or the law of personal injury, is a specialization in the practice of law. A person who suffers injury at the hand of another person or through the act of another person or corporation can recover damages for the injury suffered. Each state reserves the right to enact its own set of laws and regulations concerning personal injury. So long s these laws do not contradict the Federal laws and Constitution the state laws are deemed valid. Our federal system of government allows state law enforcement and legal practices will differ from state to state.

An injured person will have the right to pursue a legal action to remedy a wrong and seek compensation for injury. There are several theories behind Tort law remedies:

  • An Intentional Tort is an action committed willfully and with knowledge of the intended outcome, such as deliberately causing injury to a person or his property.
  • An act of negligence which leads to injury can also create a cause of action for seeking a legal remedy. Negligence can be any act where the actor acted with indifference or in such a way as would normally cause or inflict injury or damage. Any act with disregard towards the safety or another may be an act of negligence.
  • In some cases the actions of a person are considered so inherently dangerous as to create liability no matter how many precautions were taken to avoid injury. The action in and of itself is dangerous and imposes liability. This is defined as Strict Liability.

Torts encompass a wide variety of actions and in some cases, non-action. When a person suffers action due the inaction of another who had a duty to act, that can also trigger a legal remedy. Any action that causes injury may be considered a tort. Some common torts are assault, battery, causing a wrongful death and defamation of character. Injury caused by a defective product can trigger a product liability claim and mistreatment by a doctor can trigger a medical malpractice claim. These are also types of torts

A person who has suffered injury to himself or his property, trespass and conversion are torts, should contact a personal injury attorney versed in personal injury and liability cases. The law of Torts is difficult for every first year law student and they are training in the law. A lay person needs assistance to weave a way through the legal system.