The Relationship Between Lawsuits and Tort Claims

If you have been injured in an accident and you are planning to take legal action, like most people, you probably have a lot of questions and concerns. One of the most common questions people asked that are considering filing a lawsuit is “what is the difference between a lawsuit and tort claims?” The more you have an understanding of the legal process and proceedings, the less stressful and overwhelming the experience will be.

Lawsuits and Tort Claims-The Relationship Between Them

There are a number of steps involved in tort actions, with the first step is bringing a tort claim, when means legal filing a response to one party that has breached the duty of care that is owed to another person, also known as negligence, or the intentional wronging of another person. A tort claim may be considered a strict liability, in which case intent or negligence is not a precondition. Wrongful death claims and personal injury claims are both types of tort actions. Once the tort claim has been filed, the liability party (usually their insurance provider) will determine whether or not a settlement should be paid and if so, how much compensation should be offered. If the settlement isn’t reached, the claimant may then file a lawsuit and your case will proceed to litigation and potential trial. It’s important to understand that tort claims don’t always become a lawsuit; in fact, about 90 percent of personal injury cases get resolved before going to court.

Tort Claims

A tort is committed when someone commits civil wrongdoing that results in injury or death to another person. Tort claims can be related to either/or psychological or physical injuries, property damages, or financial loss. Although each type of tort claim is unique, all tort claims fall into one of three categories:

• Intentional torts-An intentional tort, a civil wrong, happens when an alleged wrongdoer intentionally causes damage to someone else. For instance, common types of intentional tort may include misrepresentation, false imprisonment, battery, slander, or fraud.

• Negligence-This is the most common basis for tort claims, which happens when one person breaches the legal duty of care that they are expected to provide another person. For instance, automobile drivers have a duty of care to other drivers on the road to follow the traffic laws and to avoid dangerous behavior.

• Strict liability claim-Strict liability in tort law means the imposition of liability on someone without them finding of fault. For instance, strict liability applies to product liability or dog bites. You will not have to prove negligence or intent if strict liability applies to your case.

Common Types of Civil Lawsuits

Although there are several types of civil lawsuits, the most common types include class action cases where several people are bringing an action for the same tort, civil lawsuits that are connected to real estate properties, such as property defect nondisclosure by a former property owner, contract action for breaches, such as the failure to perform according to the terms of a contract and family law issues, such as divorce, child custody, and child support.