Torts Law: Filing Claims to Recover Damages

Under torts law, a person who is injured by another individual can file a lawsuit to recover damages that will include medical expenses, loss of wages, disability that results to diminished or complete loss of earning capacity, and emotional trauma like pain and suffering.

According to Los Angeles lawyers, torts are covered by civil wrongs which means that the injured party should file a lawsuit or claims to recover damages; unlike in criminal cases in which the government may also file a case against a person or entity.

Three General Categories of Torts

Torts have numerous categories such as battery, negligence, assault, intentional infliction of emotional distress, product liability, and trespass; however, this body of law has three basic types:

• Intentional tort
  
  This is a civil wrong that results to injuries and damages caused by intentional act. According to federal law, this civil wrong can be filed against a person even if his action resulted to a certain injury which he did not intent to inflict.
  
  In this tort, the only element that must be proven is that the defendant has intentionally committed an act which resulted to injuries and damages.
  
  For example, a man intentionally hit a person in the face which resulted to facial injuries.


• Negligent tort
  
  This involves a negligent or reckless individual whose action resulted to injuries to another person.
  
  According to federal law, plaintiffs must show these five elements to prove the negligence and recklessness of the defendants:
  
  
  1. The defendants have the legal duty to provide safety to other people.
  2. The defendants failed to exercise reasonable care.
  3. The plaintiffs sustained injuries caused by the defendants’ negligence.
  4. The injuries must be compensated.
  5. There is a relation between the defendants’ negligent act and the plaintiffs’ injuries.
  
  Negligent tort usually involves reckless drivers and store owners who failed to make their premises safe for the general public.


• Strict liability tort
  
  Under federal law, some individuals and entities have a strict liability for injuries sustained by another individual which means the plaintiffs are not required to prove the negligence of the defendants.
  
  For example, a dog owner has a strict liability for any injury caused by his pet, regardless if he is negligent or not.
  
  Strict liability tort is also commonly used in product-related lawsuits which involve manufacturers, retailers, wholesalers, distributors, and suppliers whose products caused harm and injury to consumers.
  
  One of the most controversial product-related lawsuits which involved strict liability tort is the case of US automaker giant Ford Motor and its SUV Explorer which is prone to roll-over crash. Various reports on this car model has linked it to dozens of road fatalities in the US. Just recently, the company agreed to pay victims and their surviving relatives with damages caused by this defective product.

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