‘’Tort’’ comes from a Latin word that means twist, harm or wrong. Although in criminal law, the government seeks to prosecute the wrongdoer, in tort or personal injury laws a private plaintiff seeks compensation from the defendant due to the harm caused. Such claims made through civil ‘’complaints’’. Tort laws are the legal remedies or defenses that are involved in civil lawsuits due to wrongful conduct.
There is a limited time within which the plaintiff can file a case against the defendant. This is known as the Statute of Limitations. The State establishes These limitations and varies from injury to injury. The period to file a complaint starts from when the person discovers the injury or when he or she is injured.
Mostly, the doctrine of negligence is involved in personal injury cases. The doctrine does recognize that some accidents or risks are unavoidable, that is why it is upon the plaintiff to produce a careful and prudent person who, in the position of the defendant, would have acted differently. Some examples are accidents result in from drunk driving or complications in a medical procedure due to a physician’s carelessness.
After the negligence has been established in the personal injury case, the defendant is liable to recompense the damage caused to the plaintiff. Some damages are easy to calculate (such as property damage) while others such as emotional distress may require some solid opinions and research. The third form of damages, punitive damages also exist to punish erroneous conduct.
Besides negligence, another form of personal injury is the intentional tort, where the person to cause harm to the plaintiff intentionally. Examples include theft, trespass or inflicting emotional distress.
The third form of personal injury is the strict liability where a defendant is punished even though he tried his level best to cause no harm. This is usually a case where the defendant was involved in some dangerous work that was legal, but it caused injury to the plaintiff. Transportation of hazardous materials and demolition of buildings that end up hurting people and cause damage to them is an example of this category.
The defendant may claim that the plaintiff was involved in the damage his/herself and did not use due care. This must be kept into account when filing a case. To avoid losing a case, seek legal counsel and do not miss the Statute of Liability.