What Does Negligence Mean in Tort Legal Cases?
By Pyle Law, October 28 2022 5:51 pmIf you are hurt in an accident where the other party is considered negligent, this type of claim is considered a tort case. Tort law can be complex, and anyone injured should have a personal injury lawyer handling their case.
Generally, a tort happens when a party either negligently or intentionally injures another party or damages their property. It is a civil wrong, and the victim can file a civil lawsuit. This type of claim is not criminal in nature, as the defendant in the case is ordered to pay damages instead of facing jail time or other penalties.
Torts usually originate from common law versus statutes. As a result, most of the basic foundations of tort law are hundreds of years old. While some torts, such as assault and battery, are also a part of the criminal code, they are also considered civil wrongs – wrongs where the victim files a private lawsuit and requests the court to award a settlement.
In a tort case, you typically need to show the other party behaved negligently and that all the elements of negligence were present to receive damages. Damages include compensable losses in the form of payments for medical costs, loss of income, and pain and suffering. That is why tort law is often referred to as a “law of wrongful injuries.”
Therefore, you cannot just show improper actions. You also must show that the defendant’s negligent behavior led to your injuries, and these injuries require compensation or damages. If someone behaves improperly then, but you were not injured, you can’t bring a negligence claim.
As a result, certain elements must be satisfied. First, you must show that the other party owed you a duty to act with reasonable care. Next, you must demonstrate that they breached this duty or obligation.
Third, you must show that because of this fact, you suffered an injury or your property was damaged. Fourth, as a result, you had to pay for medical treatments, you lost income, or you suffered emotional or physical pain and suffering.
In some cases, a family may have to file a wrongful death claim because of another party’s negligence.
While you may feel confident that you can prove your point in a personal injury claim, you still need to speak to a qualified personal injury attorney to present your case and show, by a preponderance of the evidence, that you have a claim. With the help of an experienced attorney, you can settle your claim outside the courtroom.
If you have been injured or if your property was damaged because of another party’s negligence, you need to review your rights today. Schedule consultation with a personal injury lawyer. In Kansas, set up a time for a free consultation with Pyle Law. Call 620-241-9000 today.
