What is tort?

May, 2014 by Alma Abell

“Tort” is a legal term for personal injury; it is a word which goes back ages in legal circles.

The definition of tort:

In specific terms, tort is a civil wrong that is inflicted on an individual by another entity. The entity can be another person, a business or even the government. Since it is a civil wrong opposed to a criminal wrong the remedy for the injured party is a financial settlement of compensation. The tenet of tort law is quite straight forward; the individual or entity that is found to have done wrong is to be held liable for any and all damages which stem from the legal wrongdoing. Injury lawyers in Chicago area find themselves perusing cases on behalf of their clients that are insurance related or even going to trial after an accident.

Different types of cases:

Most tort cases stem from carelessness on the part of a person and that negligence results in injuries or other harm to a second person. Negligence is the basis for most tort cases; many of the cases are the result of car accidents, medical malpractice, premises liability as well as slip and fall incidents. Injury lawyers in Chicago are involved when one person causes harm to another through a negligent action.

Although most tort cases stem from negligence, there are also intentional torts which are when a person is injured as a result of an intentional act. An intentional tort may be classified as a criminal act under the criminal code of some states which means that a single act can be pursued in both civil court and criminal court. Good examples of intentional torts are assault and battery.

Tort laws:

More often than not tort cases are adjudged by decisions of the court rather than codified laws. There are some state laws that apply to tort cases, things like the statute of limitations that are in effect after the injured party can bring the case to court. The vast majority of tort cases are governed by “common law”. Common law is a concept which more or less means that the rules that are in effect for the case are rules which have evolved over time. Your injury lawyers in Chicago will be dealing with a veritable montage of past rulings that have been handed down over time; this is especially true if the ruling came for the state appeals court.


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