The Meaning of Torts

Simply, a tort is a civil wrong that causes injury or harm to another. It is societies way to address conflicts between parties removing physical recourse by compensating the harmed party by monetary or other impositions against the harming party.

Motor vehicle accidents, slip, trip & falls resulting through negligence, slander, libel, and other acts are torts.

There are criminal acts such as assault and battery that will be adjudicated before a Court that may result in a claim as a tort wherein monetary damages for the injury or harm caused may be awarded.

The Criminal Courts, Attorney Generals, District Attorneys are not involved in seeking civil litigation on behalf of the injured. They represent society in insuring criminal acts are punishable through the Jury system to impose the innocence or guilt of anyone charged with a criminal act.

Private attorneys cannot bring criminal charges. Private attorneys handling tort claims can be retained on an hourly basis, set fee or as to most personal injury claims on a percentage of any recovery after reimbursement for expenses. If there is no recovery the attorney receives nothing, and the Client is not responsible for any expenses incurred.

Negligence is accepted to mean failure to take proper care that a reasonable person would under the circumstances. For instance, if a homeowner knows steps are likely to cause a person to fall or suffer injury the homeowner is financially obligated to compensate a person who is injured due to the dangerous condition of the steps.

The finding of negligence is based upon the” preponderance of the evidence.” This means to prove something is more likely than not.

This measure of proof is less than that required for a criminal finding which is “beyond a reasonable doubt.” This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.

In both cases a jury determines the outcome if the parties prior to or during a trial do not reach a settlement or plea agreement.

Previous
Previous

Defining “No Fault” & What It Means For Your Case