What is a Tort Lawyer and Why is Tort Law Important?
Written by Cooper and Friedman on January 12, 2018
Is “tort law” simply “personal injury”? In context, yes. Literally, however, the word “tort” derives from the Latin “tortus,” which means wrong. A tort is the civil wrong inflicted on one person by another entity, be it person or business. A civil wrong is not quite at the level of an actual crime. This means compensation in tort law cases is typically in the form of financial compensation. In tort law, prosecution attempts to prove the wrongdoer should be held liable for any damages they’re at fault for.
Types of Tort Law Cases
The most common type of tort cases are negligence– when an entity’s carelessness injures or harms another person. Negligence can stem from car accidents, pedestrian accidents, slip and falls, medical malpractice, and more. Accidents due to negligence can lead to cases in civil court.
The other type of tort cases are “intentional torts”. These are different from negligence because the harm was caused by purposeful conduct. In these cases, the act may also be considered a crime depending on the state’s criminal code. In this case, the act can be prosecuted in both civil and criminal courts. The most common examples of intentional torts are assault, battery, and trespassing.
Another type of tort that is somewhat between negligence and intentional is toxic tort. When a person is harmed by exposure to toxic substances, tort lawyers seek to hold those responsible for the exposure liable. However, it’s not just people that can be harmed by toxicity. Environmental tort lawyers seek to hold corporate industries accountable for the damages done to the earth.
Why Tort Law Is Important
The main aim of tort law is to provide a system that holds people accountable for the damages they cause while discouraging others from doing the same. People who win tort cases are able to claim compensation for pain and suffering, lost wages or earnings capacity, and medical expenses.
In larger tort cases, the system holds companies and corporate entities liable for putting profits ahead of safety. For companies that only see the bottom line, the prospect of having to financially compensate for damages is the best way to deter them from doing so. The tort system also helps limit the government’s role in the process, allowing it to take the lead in criminal cases.
The attorneys at Cooper & Friedman in Louisville, KY have over 50 years of combined experience getting compensation for personal injury cases including those involving tort laws. If you feel that you have been neglected or a victim of intentional injury – contact us today at 502-459-7555 or by using our online form.