Tag Archives: tort law facts

A Basic Overview of the Tort Law Definition

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Have you ever broken a rule, and as a result, someone got hurt? Well, torts are something like that, just much more serious. Torts are civil wrong-doings, negligent or immoral behaviors and actions against others. The law identifies a tort as a morally wrong action or inaction, and recognizes it as grounds for a lawsuit. Most often, torts come with significant consequences, like serious injuries and death, which is why the law provides certain relief for personal injury victims.

Continue below to learn more information about tort law, the most common types of torts, and what relief you can seek if you were recently injured in an accident that was not your fault.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

Tort Law

Tort law was established to serve 4 particular objectives: 1) to compensate victims for the injuries they’ve suffered as a result of another’s actions or inactions; 2) to transfer the cost of related damages and losses to the culpable party, such as hospital bills, medical expenses, lost wages, pain and suffering, and more; 3) to set an example and prevent harmful, reckless, and negligent behaviors in the future; and 4) to justify the legal rights and welfares of the victim that were compromised, diminished, or made powerless.

Compensation for Damages and Losses

Victims of torts can pursue legal compensation for damages and losses incurred as a result of the wrongdoing. Exemplary damages typically include hospital bills, medical expenses, lost wages, pain and suffering, prolonged physical therapy, and similar damages that result in economic loss. More extreme cases of torts can include many other types of damages, such as loss of companionship, mental anguish, PTSD, paralysis, wrongful death, and more. Injured victims can also pursue compensation for damages like diminished quality of life and loss of benefits from a loved one’s death.

When a victim makes a claim to collect compensation for damages sustained from a personal injury, they generally seek compensation from the negligent party’s insurance company. The victim’s accident attorney will handle all communication and legal proceedings with the opposing insurance company representatives to agree on a full and fair settlement. If a fair settlement cannot be reached, then the case can be taken to trial where a judge or jury will decide what’s fair.

Types of Torts

Common categories of tort law today include both intentional and non-intentional torts, such as general personal injuries, workers’ compensation, wrongful death, slip and falls, head or brain injuries, dog bites, nursing home neglect, motorcycle accidents, premise liability, product defects, medical malpractice, defamation, slander, libel, several types of deliberate infliction of emotional or physical trauma. In fact, every type of tort can be grouped into three separate categories of tort law: Intentional torts, Negligent torts, and Strict Liability torts.

⇛ Intentional torts are deliberate, premeditated, and purposeful. Assault and battery, sexual misconducts, and some nursing home neglect are some examples of intentional tort. See our blog, “The Difference Between Intentional and Unintentional Torts” to learn more.

⇛ Negligent torts occur as a result of carelessness and disregard. Disobeying traffic signals and causing an accident that harms another person is an example of negligent tort. Other examples include pedestrian accidents, hit-and-run accidents, medical malpractice and slip and fall accidents.

⇛ 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 potentially.

It is Vital to Hire an Accident Lawyer

In order for accident victims and their families to recover a full and fair settlement in a personal injury case, it is vital to hire a seasoned personal injury law firm to navigate and pursue the case. Qualified accident lawyers retain the proper knowledge, experience, drive, and resources to professionally investigate and manage an accident case, and fight an insurance company for the settlement their client deserves. With extensive trial and litigation experience, a personal injury attorney will know exactly how to negotiate with the insurance company. This is a complex skill that takes years of practice and hands-on experience to master, so be sure to hire an accident lawyer that has the experience your case needs to be successful.

Indiana Personal Injury Lawyers You Can Trust

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering the full and fair compensation for your damages following a serious accident or injury in Indiana. Not only do our skilled Indianapolis personal injury lawyers offer free initial consultations, we never collect attorney fees unless we recover a settlement for you. Get started by scheduling your consultation, today.

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Interesting Facts About the History of Tort Law

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Torts are civil wrong-doings, or immoral behaviors and actions against people. The law identifies a tort as immoral, and approves it as grounds for a lawsuit. Most often, torts come with severe consequences, like serious injuries and death; consequences that can establish a victim’s right to make a personal injury claim against the at-fault party.

Tort law is one to appreciate since it protects us and our loved ones from wrongful offenses. Take a look below to learn some of the most interesting facts about the history of tort law in our country to gain a deeper appreciation for our national judicial system.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Tort Law

Tort law was established to serve 4 particular objectives: 1) to compensate victims for the injuries they’ve suffered as a result of another’s actions or inactions; 2) to transfer the cost of related damages and losses to the culpable party, such as hospital bills, medical expenses, lost wages, pain and suffering, and more; 3) to set an example and prevent harmful, reckless, and negligent behaviors in the future; and 4) to justify the legal rights and welfares of the victim that were compromised, diminished, or made powerless.

History Facts

The term, “tort” is derived from the Latin word, “torquere”, which translates to “twisted” or “wrong.” Centuries ago, the British legal system did not recognize torts as a means of separate legal action. Instead, English Common Law provided victims of tort with two primary methods of recompense, which were trespass for direct injuries, and actions “on the case” for indirect injuries. In fact, tort law originated with the action of trespass.

Eventually, over the course of several years, the British legal system acquired other types of civil actions, including defamation actions like slander and libel. See our blog, “The Legal Concepts Surrounding Libel, Slander, and Defamation of Character” to understand the difference between these two types of civil actions. By the 18th century, most American colonies began to adopt England’s common law system. And at the start of the 19th century, the first U.S. legal treatises were published. Within these treatises, a portion of the British common law were created under the heading of torts.

Tort Law Today

Tort law has monumentally progressed over the last two centuries, recognizing virtually all civil wrong-doings under law. In today’s judicial system, tort law protects people, businesses, employees, the environment, and much more. Common categories of tort law today include both intentional and non-intentional torts, such as defamation of character, workers’ compensation, wrongful death, premise liability, product defects, medical malpractice, and general personal injuries. If you were recently injured in an accident or suffered harm to your reputation, all at not fault of your own, you may be eligible to collect compensation for your subsequent losses and damages.

Contact a Personal Injury Law Firm Today

If you believe you or your loved one is a victim of a personal injury in Indiana, contact the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Our seasoned Indianapolis personal injury lawyers can help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your free meeting, today.

Personal Injury Law Firm 317-881-2700
Personal Injury Law Firm 317-881-2700

How Does the Restatement of Torts Define a Possessor of Land?

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As a personal injury victim that was hurt on someone else’s property, you are likely filled with an endless list of questions about making a claim and your rights to compensation. One of the most frequently asked questions about premise liability cases has to do with liability. Victims and pending defendants alike both want to know who is responsible for the damages and losses that result from such accidents. A good place to start would be to learn about the Restatement of Torts, and how it defines a possessor of land, considering they are the ones typically held accountable in premise liability cases.

Continue reading to learn how The Restatement of Torts defines a possessor of land, and how it can relate to a premise liability case.

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The American Restatement of Torts

The American Restatement of Torts is a treatise that summarizes the general principles of common law in the United States. Created and issued by the American Law Institute in 1965, the treatise currently has 4 separate volumes. The first two volumes were published in 1965; the third volume was published in 1977, and the last was published in 1979. The volumes pertinent to tort law can be found in the Second Restatements of the Law series.

The American Restatement of Torts defines a possessor of land as:

“(a) A person who is in occupation of the land with intent to control it or

(b) A person who has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it, or

(c) A person who is entitled to immediate occupation of the land, if no other person is in possession under Clauses (a) and (b).  Risk v. Shilling, 569 N.E.2d 646,647 (Ind. 1991).  (Restatement (Second) of Torts § 328 E (1965).”

What You Really Need to Know

Like most personal injury cases, premise liability cases can range in complexity, so understanding your rights and the best way to protect them is something that is vital to your case. But there is no need to feel stressed or overwhelmed; so long as you have a skilled personal injury lawyer representing your case, you will not need to know all of the complexities of tort law, nor any complicated legal terms and principles.

Trusted Indiana Personal Injury Lawyers

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury lawyer, and learn the best course of action for your claim. We are ready, willing and able to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

The Difference Between Intentional and Unintentional Torts

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When it comes to tort law, negligence is the most common type of tort. Negligence is failing to use the reasonable care that a reasonably prudent person would use. You see, in our country, the law expects individuals to abide by a specific code of conduct and adhere to a legal duty to behave in a certain way in order to decrease the potentially of harming others. When individuals break this code of conduct, whether intentional or unintentional, consequences may be in order.

So what does this mean for you? If you were injured in an accident, regardless of what kind, and the accident was caused by another’s misconduct or wrongdoing or negligence, you could potentially bring about a tort claim against the at-fault party. In legalese, these are referred to as personal injury claims, which are meant to compensate victims for their losses and damages that resulted from the accident. Examples of damages and losses may include lost wages from work, medical expenses, hospital bills, pain, suffering, mental anguish, loss of consortium, prolonged physical therapy, permanent disfigurement, and much more.

Under civil litigation, tort law is the largest category, which governs a wide range of cases. However, under tort law, all personal injury cases fit into one of three primary categories: intentional torts, unintentional torts, and strict liability. Continue reading to learn the difference between the two, as well as, who to call for trusted legal advice regarding your personal injury claim.

Indianapolis Personal Injury Attorneys 317-881-2700
Indianapolis Personal Injury Attorneys 317-881-2700

A tort is a wrongful action or non-action that causes another person harm. In personal injury cases, the harm is usually physical, but can also be mental and emotional. A tortfeasor is the individual or entity that commits a tort, whether intentional or not. Tortfeasors can be individual people, companies, manufacturers, schools, businesses, retailers, and more. Now that you have reviewed the fundamentals of tort law, you can better understand the difference among the three primary categories. Below are brief explanations of intentional torts, unintentional torts, and strict liability.

Intentional Torts:

When an individual or entity intentionally behaves in a way that causes another person harm, it is categorized as an intentional tort. Intentional torts can come with both criminal and civil ramifications for the at-fault party, all of which vary from state to state, but may include mandated court orders, fines, restitution, probation, jail, travel restrictions, bans, money damages and more.

Common examples of intentional torts include assault, battery, defamation of character, fraud, invasion of privacy, false imprisonment, conversion (taking someone else’s property and converting it to their own), trespass to chattel (interference with personal property), trespass to land (using someone’s personal property without consent), deliberate infliction of emotional distress, and more.

Unintentional Torts:

When an individual or entity unintentionally or inadvertently behaves in a way that causes another person harm, it is categorized as an unintentional tort. Unintentional torts are based around negligence, which even though can be accidental, can still be punishable under civil law. Ramifications usually involve recompense or restitution. Common examples of unintentional torts include car accidents, slip and falls, medical malpractice, dog bites, and workplace accidents.

Strict Liability:

Also referred to as “absolute” liability, this legal principle applies to individuals or entities regardless of intent, and imposes liability without the need of direct fault. The most common example of strict liability are product defect lawsuits. In such cases, the injured victim need only demonstrate that their injuries were a direct result of the defectiveness of the product to get the law on their side. Intention does not play a role in cases of strict liability.

Where to Find Trusted Legal Advice

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for trusted personal injury representation in Indianapolis, Indiana and throughout the State of Indiana. Our seasoned accident attorneys work hard to ensure our clients’ rights to compensation. We offer free initial consultations to access your case and determine your eligibility for remuneration; and we never collect attorney fees unless we prevail for you!

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

A Brief Explanation of Compensatory and Punitive Damages

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In tort law, there are 2 main categories of damages that can be awarded in a personal injury case: compensatory damages and punitive damages. The chief objective of such damages is to restore an injured victim’s quality of life back to the way it was before they were involved in an accident. Continue reading to learn more about each category of damages, as well as, what to do if you were recently denied sufficient compensation to cover your losses after being injured in a serious accident.

Compensatory Damages

Compensatory damages are meant to restore a victim’s losses that were incurred as a result of a defendant’s wrongful conduct or negligence. Types of losses that fit this category include property damage, hospital bills, current and future medical expenses, lost wages, prolonged physical therapy, permanent disfigurement or scarring, loss of consortium, reduced quality of life, loss of enjoyment of life, pain and suffering, mental anguish, and more. The most common accidents that result in compensatory damages being awarded are generally those that involve carelessness and negligent, such as car accidents, slip and fall accidents, and product defects.

Punitive Damages

Cases in which a defendant’s conduct was especially egregious, a court may award a victim with punitive damages. These are generally reserved for those who deserve penalty or punishment for an outrageously negligent or illegal act that harmed another person. An at-fault party in this type of case would likely face criminal prosecution too. Not only will courts use punitive damages to punish a defendant, they may also award them to set an example for the rest of the community. Common examples of such cases include drunk driving accidents, wrongful deaths, and medical malpractice.

Nominal Damages

Aside from the standard compensatory and punitive damages awarded in a personal injury lawsuit, there is a third category that is not as common called nominal damages. Nominal damages are small sums of money that are sometimes awarded to injured victims who have not incurred a significant economic loss or injury, but did experience an invasion of rights. Although minimal in funds in most cases, these damages are still important because they allow injured victims to pursue legal recompense for an immoral act against them, even if the act didn’t cause any financial repercussions. A court may award nominal damages to a plaintiff simply to show that the plaintiff is right and the defendant is wrong. They can be as low as 1 dollar since they are really meant to prove a point.

An Indianapolis Personal Injury Law Firm You Can Trust

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help making a personal injury claim in Indianapolis, Indiana. Our seasoned accident attorneys are eager to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.