The aftermath of a severe injury accident can be complicated and difficult. Many individuals, especially those that have never been severely injured before, are not aware of their options for compensation.
Any search about taking legal action after an injury will turn up terms like “torts” and “personal injury claims.” So, what’s the difference between them?
Torts vs. Personal Injuries
While it’s always better to prevent, sometimes accidents or an injury occur, and a lot of people are confused by the difference between personal injury claims vs. torts. That’s because both terms are closely related. But what do they mean?
Think about it this way: Torts are wrongful acts that violate someone’s legal rights and can be handled in civil court. An atrocity could include a physical injury to another individual or a violation of other rights, like trespassing on someone else’s property. It is essential to understand that atrocity is a broad term covering various activities.
While the term tort is broad, “personal injury” has a narrower definition. While personal injuries are a type of tort, they generally only cover cases where somebody physically or emotionally hurt you, either intentionally or negligently. For instance, if you are injured in a car accident, you would likely bring a personal injury lawsuit, while if somebody trespassed on your property, you might bring a trespass-to-land atrocity.
If you have questions regarding what kind of motion you need to bring, a personal injury attorney can help. They can answer your questions, let you know your options, and also help you file a personal injury claim if that’s the right choice for you.
Types of Torts
There are several types of torts. They generally fall into the following categories:
- Negligence: A negligent tort involves someone neglecting to take an action they should to protect you. For example, a business owner or manager is responsible for making sure their property is safe for visitors. If a visitor is hurt because of a hazardous condition that the owner should have reasonably been aware of and resolved, the victim might be eligible to bring a negligence tort for their damages.
- Strict liability: These torts occur when an individual is responsible for an bruise even if they didn’t intend for someone to be injured. It’s simply enough that someone was hurt. Suppose a faulty piece of heavy machinery crushes a construction worker’s leg. In that case, the party( s) who designed or manufactured the product can be liable for harm it causes.
- Intentional torts: As the name suggests, intentional torts are actions where a party “willfully and wantonly” intends to harm another person.
Defenses to torts in personal injury cases
When a person is sued for a personal injury tort, they have several defenses they can raise to avoid being held liable for the plaintiff’s injuries. These defenses are legal arguments that can be raised in court to reduce or eliminate the defendant’s liability in a personal bruise case. The following are some common defenses to torts in personal injury cases:
1. Contributory Negligence
Contributory negligence is a defense that can be raised when the plaintiff’s own actions contributed to their bruise. This defense is commonly used in cases where the plaintiff was partially at fault for their injuries. If the defendant can prove that the plaintiff’s negligence contributed to the accident, the plaintiff may be barred from recovering any damages.
2. Comparative Negligence
Comparative negligence is a defense similar to contributory negligence but is less strict. It allows the plaintiff to recover damages even if they were partially at fault for their injuries. Under comparative negligence, the plaintiff’s damages are reduced by the percentage of fault attributed to them.
3. Assumption of Risk
Assumption of risk is a defense that can be raised when the plaintiff knew or should have known about the risks associated with an activity and voluntarily chose to participate anyway. This defense is commonly used in cases involving sports or other high-risk activities.
4. Statute of Limitations
Statute of limitations is a defense that can be raised when the plaintiff fails to file their lawsuit within the time frame specified by law. Each state has its own statute of limitations for personal bruise cases, and if the plaintiff fails to file their lawsuit within that time frame, they may be barred from recovering any damages.
What is a Mass Tort?
A mass tort is a special type of tort that can cover many people. Attorneys and courts can use these when one action (or failure to act) harms many individuals. Common examples of mass atrocities involve defective medications or defective medical equipment. In those situations, although each person might suffer different injuries, they were all harmed by the same dangerous product or act.
Mass torts are an important tool that enable many individuals to seek justice and compensation for their damages from the same responsible entity. The mass tort process is also easier on the court system. Merging all of the torts into a single motion can help streamline the process for everybody involved and come to a faster resolution.
Speak with a Personal Injury Lawyer Today
Our legal team at Marko Law is dedicated to holding negligent parties accountable for their actions. If you’ve been injured in an accident, don’t deal with insurance companies or try to go it alone. You need an experienced personal injury law firm in Detroit who will fight for the compensation you deserve
