A tort is a fancy legal term for a wrong against another. Tort law is made up of auto accident claims, motorcycle accident claims, tractor trailer accident claims, slip and fall, medical malpractice, wrongful death, and dog bites. Of course, there are many other categories, but those are the most common. So, if you hear someone say, “do I have a tort claim?” think, does that mean somebody else has caused an injury due to no fault of their own. That’s the simple definition. I hope that helps. Throughout this article, we will first give “legalese” and then explain that “legalese” in layman’s terms.
In Legalese, Tort Law is a body of rights, obligations, and remedies that are applied by courts regarding civil proceedings to provide relief for persons who have suffered harm by the wrongful acts of others.
- Layman’s terms: In other words, it is the law that deals with personal injury (and other types of damage or harm) claims like car accidents, motorcycle crashes, dog bites, medical malpractice, dangerous prescription drugs and the like.
- Legalese: A person who sustains injury or suffers pecuniary damage as the result of what is called tortious conduct is known as the plaintiff.
- Layman’s terms: If you are hurt in a car accident, then you are the plaintiff.
- Legalese: The person who is responsible for inflicting the injury and holds liability for the damage is known as the defendant or the tortfeasor.
- Layman’s terms: (The defendant is the person who caused the accident or made the dangerous drug, or owned the dog that attacked, etc.)
- Legalese: The plaintiff will most times find him/herself going up against an Insurance Company (which represents the defendant) and typically will need an attorney who understands this process from the inside and out.
- Layman’s terms: As an injured person, you usually need a lawyer to fight the insurance companies on your behalf.
What is a Tort?
There are three elements that must be established in every tort action. We will use a car accident as an example of a tort.
1. Legalese: The plaintiff must establish that the defendant was under a legal duty to act in a particular fashion.
Layman’s terms: A defendant in a car accident case has a duty to follow traffic laws.
2. Legalese: The plaintiff must demonstrate that the defendant breached this duty by failing to conform their behavior accordingly.
Layman’s terms: This is usually done by showing the defendant ran a red light or broke some other traffic law
3. Legalese: The plaintiff must prove that they suffered injury or loss as a direct result of the defendant’s breach.
Layman’s terms: This is typically accomplished by showing proof of medical treatment and other evidence of injuries like pictures of such injuries.
Read more here: http://legal-dictionary.thefreedictionary.com/Tort+Law
For the first several years of his career, Mr. Parrish (“Jim”) worked for, provided advice to and represented insurance companies in claims across the nation. However, after seeing the injustice of good people being deprived of fair and reasonable payment for life changing injuries and damage, Jim decided to use the skills and knowledge he learned from inside the insurance industry to champion the rights of victims of harm and wrongdoing.
Parrish Law Firm, PLLC Personal Injury – Tort Law Attorney works with Northern Virginia residents who have been injured because of another party’s negligence and are looking for fair compensation. Contact us today for a free case consultation or call us at 703-906-4229.
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A representative of the Parrish Law Firm, PLLC researched and wrote this article with Mr. Parrish’s consent. If you have any questions regarding the legal implications of what you have just read, please send us your question by clicking here so we can have our attorney review it.