How Does Personal Injury Law Relate To Tort Law?

In law, a tort is a broad category governing several different types of civil lawsuits and a personal injury case is just one sort of lawsuit under this broader category. A tort consists of a civil wrong that enables an individual to bring a lawsuit. There are three main categories of torts by which a lawsuit may result.

  • Intentional Tort – Deliberately causing harm to another individual, such as occurs when one person strikes another person.
  • Negligent Tort – Harm caused through an unintentional act, such as running a stop sign and causing a traffic accident.
  • Strict Liability Tort – Harm caused through the use of a defective or dangerous product.

A personal injury lawsuit can compromise elements of all three types of torts or just one type, depending on the circumstances. Primarily, a personal injury case involves attempting to obtain compensation, or damages, for harm caused through the acts of another. This type of claim can result from a deliberate assault, an accident, or the use of a defective product, as long as the harm caused was sufficient enough to cause a financial burden.

The financial burden can be established in a number of ways. Most commonly, the need for medical treatment and ongoing therapy are listed in a request for damages. In addition, a loss of wages resulting from missed work days and/or an inability to perform the duties of your job may also contribute to the damages owed. In cases where the plaintiff suffered property damages, such as in an automobile accident, they may request compensation to cover the cost of repairs as well.

As this brief overview indicates, a personal injury case is very complex and it can be further complicated by an insurance adjuster eager to get the plaintiff, or victim, to sign off on an early settlement. Typically, the insurance adjuster will pressure the victim to accept a settlement that’s lower than they deserve. This is why it’s important to consult an Oregon personal injury lawyer, before signing any documents. An experienced lawyer will know how to evaluate your damages and ensure you receive appropriate compensation.