Understanding The Basics Of Tort Law

logo Ehline LawWhen certain civil laws and boundaries are crossed intentionally or unintentionally causing harm to someone, law has a way to remedy it. These cases are tort cases. In simple words, when a person takes a civil action and help from the court to find the solution to such a case, this is called tort. Assault, negligence and battery are some of the most common examples of tort cases.

What Does Tort Law Do?

In tort cases one party claims that another party has harmed it in a particular way and asks for compensation of the damages. Sometimes the offending party has only violated particular rights of the plaintiff. The offenders are very rarely dealt with as criminals in most civil cases or torts.

Is Tort Just Like A Crime?

There are some occasions where the laws dealing with tort and criminal laws overlay but civil actions cannot be named as criminal actions. If a party is damaged by another party and the affected party takes the case to the law seeking compensation for injuries and medical expenses, such a case will be dealt with tort law and not as a criminal law. The punishment factor involved in criminal laws will also not come into play in such a case.

How Does Tort Litigation System Work?

This is a complete legal structure wherein the lawyers work with claimers in order to settle the case and get the settlement amount from the offending party. If doesn’t get resolved outside, it is then taken to court for trial.

What Does It Mean By Mass Torts

When many people who have been afflicted a damage by one entity in a similar way and they bring the case to tort attorneys for resolution, this is called mass tort. There are generally more than 2 dozen people with the same or similar complaint against the same entity e.g. a company that makes a certain product. On most occasions these people come with a representative.

Why Is Tort Law Necessary?

Most people understand that a damage caused by someone does not get recovered from his punishment, especially physical punishment. On occasions, the most important thing for the victim is to get compensated for the damage and loss caused by the offender. That’s where the tort law steps in and instead of just getting the offender punished it settles the case in a way that the victim’s loss is compensated too.

Understanding Tort Liability

When a person or party has crossed the boundaries drawn by the tort law, he’s not liable of the results caused by this breach of the law. For example, a person AB steals the laptop of a person CD, he will be consider liable to pay AB back the money equal to the price of the laptop or the laptop itself. This type of tort is named as conversion.

Tortfeasor

A person who comes in violation of the tort law and damages another party mentally, financially or physically is called the tortfeasor. He’s the offender party who must pay for the losses.