subject: An Overview of Tort, Liability and Personal Injury Cases [print this page] What is a tort? Generally speaking, it is a civil wrong, which violates the civil rights of individuals. It is also seen as an adverse action taken by an individual against another person. If the latter became injured or was killed because of the tort, he or his survived family members may file a complaint against the responsible party.
However, tort cases are not handled by federal courts because the action was not against the state, but the claimant or plaintiff. As a result, the victim would need to hire a Los Angeles injury attorney to prosecute the liable party.
Tort employs two important types of duties: a duty not to injure full stop', and a duty not to injure recklessly, negligently, or intentionally. Between these two revolve other legal principles which include:
Strict liability When a party's actions has caused injuries or damages to other people, it would be held liable even if it was careful in performing the action. A company that accidentally blows up its facility would be responsible for any damages it caused to nearby parties.
Fault liability If a person was negligent in doing something and he encountered an accident, he would pay for the other party's expenses. Common offenders of this type of liability are vehicle drivers.
When a person has committed a tort against another individual, he and the complainant or plaintiff would battle it out in court to prove or disprove his actions. If he was been proven guilty of the tort, he would be required to pay a substantial amount of compensation to the complainant. Some of the things he needs to pay include:
Medical bills
Property damages
Pain and suffering
Lost wages
If the defendant's action resulted to a wrongful death, he may also be obliged to compensate for funeral and burial costs, and loss of financial support for the bereaved family. In a few instances, a defendant may also be required to pay for punitive damages.
Unlike compensatory damages that aim to help the victim recover from the accident, punitive damages aim to penalize the offender for committing the tort. This type of damage is rewarded to claimants if the defendant or the tortfeasor's actions were intentional, and outrageous and wanton.
If you become involved in an incident and someone violated your civil rights, get an Los Angeles injury lawyer and file a tort or personal injury case against him. If you are able to prove that he is liable for your injuries, you can obtain compensation and make him pay.
An Overview of Tort, Liability and Personal Injury Cases
By: MesrianiLawGroup
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