If you have been injured as a result of negligence, a tort law claim may be able to assist you in getting the compensation you deserve. Also called the law of wrongful injuries, tort law protects you from intentional damages sustained by another person or product. While some branches of law cover contracts or property, tort law deals specifically with people.
However, how do you know that your case falls under tort law? Even though you may think the other party caused you damages, the defendant may or may not qualify based on your situation. This is why you need the help of a skilled lawyer to determine whether a tort claim would be the best course of action.
What Are The Most Common Tort Claims?
Tort lawsuits are one of the largest types of civil cases, and many personal injury lawsuits can apply. There are three main categories most tort claims fall into:
Strict Liability Torts
A strict or absolute liability tort covers cases where you can hold a defendant responsible without direct fault or proof of negligence. In this instance, you have the right to sue because the other person’s actions caused immediate harm. Suppose you’re filing a strict liability tort claim. In that case, you need to prove that your injuries directly resulted from a faulty product, animal attack, or abnormally dangerous activity to have your claim accepted.
Negligence torts happen when the defendant doesn’t follow safety regulations and causes harm to the plaintiff. Even if the defendant didn’t intend to hurt you, they are still liable for what they did. One example of negligence can be if a cleaner doesn’t put up the wet floor sign after mopping a room. If you fall and injure yourself, you can file a negligence tort claim, and they will owe you for any damages sustained.
Lastly, you can file an intentional tort if someone deliberately damages or injures you. For example, if someone spreads misinformation about you intending to tarnish your reputation, you can file an intentional tort against them. While many cases can be both tort and criminal, a crime mainly deals with society. An intentional tort focuses more on the individuals involved. You can also usually receive more monetary compensation by filing an intentional tort case over a criminal one.
How Can You Win A Tort Case?
Before you file your claim, there are four elements your case needs to consider for it.
Simply put, duty is your obligation to behave appropriately and follow the rules based on the circumstances. For example, every driver has the duty to follow traffic laws to ensure everyone’s safety.
Breach of Duty
A breach of duty happens when someone fails to carry out their responsibilities or comply with a specific rule. A driver not slowing down after seeing a yield sign can be seen as a breach of duty.
A plaintiff needs concrete evidence that the defendant violated a specific rule that directly caused their injuries. For example, if you got into a car accident, you’ll need to prove that the defendant’s driving actions led to the problem.
Finally, you must show that the defendant’s actions caused you harm. The evidence can include anything from lost wages to physical injuries. Also, damages can refer to the money you’ll receive to compensate for said damages.
Is Tort Law Different In Each State?
When you file a tort claim, you should check with your state’s laws to see if they have any special provisions for different types of cases. Each state has different rules regarding caps on the money you can receive in a suit, statutes of limitations, or even overlaps between specific types of cases. For example, New York has no monetary caps on how much you can receive from a tort case.
Let Us Help You Win Your Tort Claim
Before filing your claim, you must assess your case to see if tort law applies. Each tort claim is unique, and our professional lawyers can help you determine your next steps. At Edelman, Krasin, & Jaye, PLLC, we have more than 60 years of combined experience. We have convenient office locations in Long Island, Brooklyn, and the Bronx, and we’ll make sure you receive the financial compensation you deserve. Contact our New York offices by phone at 866-507-1730 to schedule an appointment. If you have any further questions, you can also reach out to us by using our online contact form and our Live Chat application.