A tort action or claim is a civil lawsuit. It is the legal action against an individual or business, otherwise known as a “Defendant”, whose negligence has caused the Plaintiff’s injuries, resulting in a personal injury lawsuit against them.
By way of a tort action, a Plaintiff is entitled to claim damages against the Defendant, so that he/she may be compensated for his/her losses.
A tort is a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability and relief in the form of damages or an injunction. A tort may be an intentional or unintentional action of the Defendant which was resulted in negligent conduct.
Currently, the predominant function of tort law is to compensate Plaintiffs for losses or injuries suffered. However, as not all losses or injuries are actionable in tort, it cannot be said that this is the only purpose or aim of the law.
Under certain causes of action, the Plaintiff must establish that the Defendant’s actions or omissions were negligent in causing the Plaintiff’s injuries. The Plaintiff must establish that the Defendant was negligent, that he or she had failed to adhere to an objective standard of care regardless of the actual subjective intention, in order to find liability. Negligence by itself will also not always lead to a finding of liability in tort. Although the Defendant may have breached a duty of care to the Plaintiff which has been previously recognized under the law, the damage to the Plaintiff must fall within recognizable limits of remoteness and causation, and must also be of a type which is remediable under the law.
If you or a loved one has been involved in an accident, please call the team at JEWELL RADIMISIS JORGE LLP and a member of our team will be happy to provide you a free initial consultation.