The 3 Primary Categories of Torts

Torts are civil wrong-doings, immoral behaviors, failing to use reasonable care and/or actions against civilians. Most often, torts come with consequences, like serious injuries and death. These consequences establish a civilian’s right to file a personal injury claim against a wrongful party and to recover damages from the wrongful party’s insurance carrier, except for intentional crimes.

Torts that result in serious injury or death can be punishable by imprisonment depending on the wrongful act; however, the objective of tort law is to provide for compensation for damages incurred by victims and families of victims. Its additional, and equally important, depending upon the tort, the intent is to prevent similar wrongdoings from occurring in the future.

Continue reading to learn the 3 categories of torts, and what to do if you are an injured victim who was wrongfully hurt in an accident caused by another.

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Tort Law

There are several individual capacities of tort law that all depend on the type of injury or accident that harms a person. Types of cases involving torts include motor vehicle accidents, product liability, assault and battery, sexual harassment, drunk driving accidents, wrongful death, slip and falls, head or brain injuries, dog bites, nursing home neglect, motorcycle accidents, and several other types of infliction of emotional or physical trauma.

Most torts can be grouped into at least one of three separate categories: Intentional Torts, Negligent Torts, and Strict Liability Torts.

Intentional torts are deliberate, premeditated, and purposeful. Assault and battery, sexual misconducts, and nursing home neglect are some examples of intentional tort.

Negligent tort occurs as a result of carelessness and disregard. Disobeying traffic signals, failing to pay attention while driving, speeding and causing an accident that harms another person are examples of negligent torts.

Strict liability torts, on the other hand, occur when a particular action causes harm or damage to another person, such as liability for making and selling defective products that are hazardous.

What to Do as an Injured Victim of a Wrongful Accident

Victims of torts can pursue fair compensation for damages incurred as a result of the tort. Exemplary damages include everything from pain and suffering to loss of companionship, and much more, such as lost wages, hospital bills, medical expenses, scarring or disfigurement, funeral expenses, prolonged rehabilitation, permanent disabilities, and much more.

Injured victims can also pursue compensation for damages like diminished quality of life and loss of benefits from a loved one’s death. Tort law is established to protect injured victims that were wrongfully hurt by a negligent party. Negligent parties can include people, companies, individuals, organizations, etc…

If you are a victim of tort or were recently injured in an accident caused by the negligence or misconduct of another party, you may be entitled to compensation for your damages. Contact a licensed personal injury law firm for professional guidance and counsel. It is important to take immediate action following a serious injury before the statute of limitation runs out. An experienced tort lawyer will substantially increase your chances and likelihood of winning your personal injury claim recovering compensation for your damages.

Are you ready to learn about your eligibility for recovering compensation as a survivor of a wrongful accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free consultation with a seasoned personal injury lawyer in Indianapolis, today. We represent inured persons and the survivors in wrongful death cases throughout the state of Indiana.

You Might Also Read:

Interesting Facts About the History of Tort Law
What are Dignitary Torts?
The Difference Between Intentional and Unintentional Torts

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Explanation of Negligence Per Se Claims

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In a standard personal injury case, a plaintiff or their legal team is obligated to establish a defendant’s “duty of care”, prove that there was a “breach” of the duty, and then demonstrate how this negligence caused the plaintiff harm or damages. In a “negligence per se” case, there is no need to prove or establish any of these facets since negligence per se already suggests negligence was at play. Continue reading to learn what this means and examples of such cases.

Negligence Per Se

Negligence per se is a “cause of action” claim that suggests a person acted negligently, causing harm to another, by violating a law (criminal, not civil) that is set to protect people for that specific reason. Speed limits are a perfect example of laws set in place to protect the public. If a person were to ignore a speed limit, exceed it, and then cause an accident that harms another person, they can be held accountable under negligence per se laws.

The plaintiff party would have to first show that the defendant broke the law, which is fairly concrete. Then the case can move onto proving how violation of that law caused the victim harm. The negligent act had to have caused the type of harm the law was intended to prevent specifically, like in the case of reckless driving and motor vehicle accidents. And the victim has to be part of the “class” the law was set to protect; in this case, the public class.

To Prove Negligence Per Se, the Following Four Facts Must Be True:

1. A Safety Law was Violated

2. The Violated Law is Punishable By Criminal Penalty, Not Civil Penalty

3. The Violated Law is Set to Protect the Public from the Type of Injury Inflicted

4. The Injured Victim is a Member of the Class that the Violated Law Protects

Other examples of common negligence per se claims include buildings codes, city codes, health and safety codes, intoxicated driving, blatant medical malpractice (i.e. refusing emergency care, removing incorrect organ, practicing without a license, etc.), and more. States and jurisdictions vary in the use and application of negligence per se claims. Depending on your state or jurisdiction, the process can differ greatly. It is recommended to hire a licensed personal injury attorney that concentrates on the accident you or your loved one experienced so that your family’s rights are protected. A seasoned accident lawyer can help families recover the full and fair compensation they deserve after being injured as a result of another person or entity’s carelessness.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed Indianapolis personal injury lawyer you can trust. Partners, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury attorneys that focus on several practice areas; including motor vehicle accidents, slip and fall accidents, dog bites, workers’ compensation, and more. We never collect lawyer fees unless we prevail for you. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Basics Surrounding Torts and Tort Law

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Personal Injury Lawyers 317-881-2700

A tort is a civil wrong-doing; an action that is either purposeful or unintentional. In fact, the term “tort” literally means to harm, twist, or wrong in the Latin language. Damages resulting from these civil wrong-doings are remedied and remunerated by tort laws. Rather than being prosecuted by state or national governments, civil lawsuits are generally pursued by the plaintiffs or victims themselves, privately. It is common for victims or families of victims to outsource professional legal counsel following a personal injury accident, in order to purse compensation for their related and prolonged damages.

Torts wrongfully cause injury or harm to another person. As mentioned before, these injuries can either result from negligence or intent. The chief purpose behind tort law is to protect individuals that have suffered serious injuries as a result of another person or entity’s negligence or intent. It protects victims of personal injury by providing relief for pain, suffering, and exemplary damages incurred; as well as, to thwart others from committing the same negligence acts.

Negligent Torts

When a tort or accident is negligent rather than deliberate, it is neither intended nor expected. This is the principle difference between negligent and intentional torts. There are several types of negligent torts. The most common include drunk driving or motor vehicle accidents, slip and fall accidents, child injuries, dog bites, pedestrian accidents, and more. Although these accidents happen without deliberate intent, the person responsible for causing injury to another is the party that is held accountable in a court of law. This brings us to Strict Liability Law.

Strict liability happens when a tort occurs, even though a person or company took all necessary precautions to prevent it, or never intended for it to happen in the first place. One example to better understand strict liability is product defect lawsuits. A children’s toy may cause a toddler to choke, even though the manufacturer took all necessary precautions to avoid such an accident from occurring. Another example would be statutory rape, minor liabilities, and abnormally dangerous activities (i.e. watercraft sports, rock climbing, snowboarding, etc.). Although all of these accidents occur unintentionally, they are still perceived as negligence in the eyes of the court. Tort law allows victims of such accidents to recover compensation for damages resulting from their injuries.

Intentional Torts

Unlike negligent torts, intentional torts can lead to imprisonment and jail time. This is because an intentional tort was deliberate, planned, and calculated. Examples of intentional tort includes assault, battery, rape, defamation, trespassing, false imprisonment, bullying, and more. If a person causes a tort by choice with the understanding of what will happen to a victim, they can be held accountable for compensation and persecution by the court of law.

Indianapolis Tort Lawyers

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for more information about tort law and tort lawsuits in Indianapolis, Indiana. Personal injury attorney, Daniel Craven, and his fellow accident lawyers, are well-versed in tort law and can answer your questions anytime. We offer free initial consultations to assess whether or not you have a case. We care about our clients and fight hard to obtain the full and fair compensation they deserve. That is one reason why we never collect attorney fees unless we prevail for you! Call our Indianapolis personal injury law firm at 317-881-2700 and schedule your free initial appointment to discuss your tort accident in Indiana today!