Torts or Compensation for Damages

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Torts or Compensation for Damages

Understanding Torts: Your Path to Justice and Compensation

Torts are civil wrongs that cause harm or injury to an individual, giving rise to legal liability. These wrongs can result from various actions, such as negligence, intentional misconduct, or strict liability offenses. When someone suffers damage due to another party’s actions, they may be entitled to seek compensation. Our Civil Services team specializes in helping clients pursue rightful compensation through both negotiation and litigation, ensuring that those harmed receive the justice they deserve.

Negligence

Negligence is the most common type of tort, occurring when a party fails to exercise reasonable care, resulting in harm to another. Examples include car accidents, medical malpractice, and slip and fall incidents. Negligence cases require proving that the defendant owed a duty of care, breached that duty, and caused the plaintiff’s injury as a result

Intentional Torts

Intentional torts involve deliberate actions that cause harm, such as assault, battery, false imprisonment, trespass, and intentional infliction of emotional distress. In these cases, the injured party must demonstrate that the defendant’s actions were purposeful and caused the harm.

Strict Liability

Strict liability torts hold a party responsible for damages without the need to prove negligence or intent. This type of liability is typically applied in product liability cases where defective products cause harm. In such cases, it is sufficient to show that the product was defective and caused injury.

Defamation

Defamation involves making false statements that harm another’s reputation and is divided into two categories: libel (written statements) and slander (spoken statements). To succeed in a defamation claim, the plaintiff must prove that the statements were false, damaging, and made without adequate research into the truth.

Nuisance

Nuisance is a tort that involves interference with the use and enjoyment of someone’s property. It can be public (affecting the community) or private (affecting an individual or entity). Nuisance claims typically require proving that the defendant’s actions significantly and unreasonably interfered with the plaintiff’s property use.

Pursuing Compensation for Damages

When you suffer harm due to a tort, you may be entitled to various types of compensation. Compensatory damages are intended to make the injured party whole again and include both economic damages, such as medical expenses and lost wages, and non-economic damages, like pain and suffering and emotional distress. In cases where the defendant’s conduct was particularly egregious or malicious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future. Nominal damages are small sums awarded when a legal wrong occurred but did not result in substantial harm.

The Legal Process for Tort Claims

The legal process for tort claims begins with a consultation and case evaluation. Our team will assess the details of your case, determine the viability of your claim, and outline the potential compensation you could receive. The investigation phase involves gathering evidence, interviewing witnesses, and reviewing medical records or other pertinent documents to build a strong case. We will attempt to negotiate a settlement with the responsible party or their insurance company to obtain fair compensation without the need for a trial. If a fair settlement cannot be reached, our experienced litigators will represent you in court to fight for the compensation you deserve. Once a settlement or court judgment is obtained, our team will ensure that you receive the compensation promptly and help you navigate the recovery process.