Understanding the Tort Law

Although the United States tort law (also known as personal injury law) has several variations in every state, it should have any contradiction with what the U.S. Constitution provides. Any inconsistencies therefore would make it unlawful and would not gain authorization from the judicial courts. To site an example, if a state government ratified a provision regarding personal injury cases which in some ways have discrepancies on the constitution, the court may have to set it aside in making judgment to a certain case and follow the more superior tort law. Hence, like any other laws, each and every state tort principles should be fall under and be consistent with the National Charter.

In general, personal injury laws categorized these torts into the following types:

• Intentional Torts – these wrongful acts are deemed to be done deliberately by the offender or the “tortfeasor” to the complainant who was trying to seek justice from their incurred injury or impairment. These torts are consisted of battery, illegal assault, mistaken imprisonment, deliberate imposition of emotional pain, privacy invasion, character assassination or defamation, and fraud among others.

To hold the violator answerable for this tort, his or her intent level should be proven substantial enough to make a certain damaging result.


• Negligence – this category is considered to be the most common basis why injury victims file their claims and demand for financial damages against the wrong-doer. Unlike intentional torts, these unlawful acts are said to be done by individuals without any plans of inflicting injuries or damages to a person.

Thus, the extent of liability the defendants may be held accountable relies much on their failure to follow certain safety standards in exercising their daily tasks and obligations which leads to a person’s distress. The plaintiffs, then, should prove to the proper authorities that their sustained injury was indeed brought about by the defendants’ carelessness.

Also, they should further establish that they have strictly followed the precautionary measures which were implemented in the area of the incident. In short, the untoward event would not have happened if not for the “tortfeasor’s” negligence.


• Strict Liability – this one may apply to a number of product liability claim cases and to the violation of copyright law. Strict liability torts deals with cases in which the defendant have the accountability on the injuries that were incurred by the victims as a result of his or her actions although he or she may have performed precautionary measures.

As a final point, the utilizing the beneficial provisions of the U.S. tort can be difficult for those personal injury victims who do not have much background of such law. Thus, an assistance coming from a competent and highly qualified lawyer is indeed a necessity in filing an injury claim. A legal representation will enhance their chances of acquiring the monetary damages that are really due to them.

Mesriani Law Group is a full service law firm which specializes in all facets of Personal Injury Law Litigation, including Wrongful Death Claims, Car Accidents, Slip and Fall and Premises Liability Claims, Employment / Labor Law, Disability Law and Supplemental Security Income (SSI) claims, and Business Law. Each of the attorneys at the Mesriani Law Group has been acknowledged as one of the very best in their field. Whether your case deals with Personal Injury Law, Employment Law, Social Security representation or Corporate/Business law, you can be assured that your case will be handled by an expert who specializes in that form of litigation. It is this diversity that makes us unique. We are not a firm with one specialty, but several. But it is not the accomplishments of its attorneys or its stellar business plan that makes Mesriani Law Group the best law firm in Los Angeles. It is the people working at Mesriani Law Group that truly drive our success. Every employee at Mesriani Law Group is dedicated to delivering the best service possible. Not only that, but Mesriani Law Group prides itself on giving the same level of attention to each and every client, be it a small personal injury matter or a multi-million dollar litigation. Mesriani Law Group is dedicated to giving its clients the very best representation and remains committed to having only the very best attorneys handling their cases.

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