What is the basis for civil tort actions; A tort is a civil wrong that causes injury. It can be intentional or negligent and may arise from contract law or statute as well. If another party’s act injures you, it might have been done unintentionally (negligent) or deliberately with intent to cause harm (intentional).
If someone invades your personal space without permission to intimidate you for their gain – they’re committing the tort of battery!
Tort law and personal injury are not the same. Tort laws provide people with rights for compensation when another person harms their legally protected interests. At the same time, the personal injury results from a violation of tort law by causing an accident or medical malpractice, which leads to either physical or psychological injuries. Torts can be categorized as negligence torts and intentional torts; first being negligent behaviors that caused harm such as car accidents, second would be a deliberate intent to cause harm through assaultive behavior (hitting someone)
The touchstone of tort liability and a common cause of civil lawsuits in America is a legal theory that states people must observe proper diligence, reasonable care, and skill to not injure others.
Most car accidents are based on the tort of negligence. Their negligence arises from careless or thoughtless conduct and a failure to act when it is reasonable for them to have acted. Negligence becomes punishable if they do not take care under legal standards set forth by law that protect others; even without intent to harm someone else, one can be found guilty of negligence enough with their actions.
A civil wrong is an intentional act of malice or gross negligence that causes harm. Whereas the intent in a civil wrong is deliberate, accidents from negligent behavior are usually caused by lack of due care. Under the law, intentional torts include acts of:
- Intentional infliction of emotional distress
- Slander and libel
- False imprisonment
Damages available for intentional torts tend to be broader and more generous than those of negligent ones. This is partly because proving intent or mental state can often be difficult, making it easier to prove negligence-based claims.
Since a tort is, in essence, a civil wrong committed against another person – personal injury lawsuits arising from negligence or intentional torts may be instituted to recover compensation and damages. The primary aim of these suits are two-fold: firstly an injunction can provide relief for the injured party by preventing further harm; secondly, monetary awards cannot undo all that has been done but they do offer some measure of solace as it recognizes what was lost due to someone else’s actions.
Among the types of damages, an injured party may recover loss of earnings capacity, reasonable medical expenses, and pain and suffering. They include both present and future expected losses.
Tort and personal injury lawyers recognize that every man must be responsible for his action and that any civil wrong, like crime, must pay.